Patenting of natural products by Dr.U.Srinivasa , Professor, Srinivas college of pharmacy, Mangalore
AL UR N AT OF NG S TI T SA N C INI VA TE DU .SRPA O .U PR DR BY
WHAT IS PATENT -It is a grant by a state to an inventor or to his assignee , giving exclusive rights to make, use, exercise and vend the inventions for a limited period, in exchange for disclosure in a patent specification.( contract b/n a nation and inventor)Patentee - A claimer of the patent
• IPR-An investor , having spent huge money and efforts ,requires a sort of protection for his intellectualproperty. Such protection allows him to gain thedeserved incentive for his innovation/invention. IPRprovides such protection.
IPR Defined as the Legitimate rights of the inventorfor protection of his intellectual property thusexcluding others from making, copying, using orselling his proprietary subject matter
OBJECTIVES OF PATENT-1.Giving a legal monopoly to the patentee to reap the economic benefits from his invention.2.Facilitating the improvements or providing the alternative approaches to develop the new ideas or and products.3. Invention of new drugs
THE PATENT ACT 1970According to the act:1. A new invention2. It should be new and non- obvious with respect to prior art3. It must useful4. Not previously in use in IndiaInvention , as per the act may be defined as any
PATENTABLE: ( From pharmacy)1. New process of manufacture2.NCE ( New chemical entities, after 2005)3.New formulation processes4. New composition of matter
• NON-PATENTABLE: (In INDIA)• 1.Discoveries• 2.Methods of detection, diagnosis or treatment of diseases• 3. Analytical methods• 4.Methods of agriculture/cultivation• 5. The products made by Chemical synthesis• 6.Animal,plant, and biological methods for growing and rearing them
PROCEDURE FOR PATENTING :STEPSFilling an applicationExamination of the application by the patents officeOpposition , if any to the claims of patentGranting and sealing of the patentRevocation of the granted patent
FILLING AN APPLICATIONA. Name, address and nationality of the applicantB. Title, Name, address and nationality of the inventor, if he is not the applicant or co-applicantC. Specifications (provisional and complete) giving the details of the inventionD. Claims, definition and scope of the invention
EXAMINATION OF THE APPLICATIONA. Prior approved patents or applications filedB. NovelityC. UsefulnessD. Nature of claims
Opposition:A three month time period is given for any opposition.Contrary claims can be filed and contestedGranting & sealing of patent :In case of no opposition or clearing satisfactorily allthe objections by the applicant, patent is granted andsealed by the patent office by publishing in the officialgazette.
Revocation :The validity of the patent can be challenged in Highcourt under specified grounds. The patent will berevoked if the court upholds the challengeValidity of a patent :Patent for food and medicines and drugs produced bychemical processes 5 Years period from the date of Granting the patentOR 7 Years period from the date of filing applicationOR whichever is earlier
WHO CAN APPLY FOR PATENTS1.By any person claiming to be the true and first inventor of the invention2.By any person being the assignee of the person claiming to be the true and first inventor in respect of the right to make such application 3.By legal representative of any diseased person who immediately before his death was entitled to make such an application
PATENTABLE NATURAL PRODUCTSI. Formulation of new composition or improvedformulation is patentedEg: Patented herbal antiallergic composition whichcomprises a synergistic mixture of extracts from thefruits of Terminalia chebula,bark of Albizialebbeck,Terminalia bellerica and Embblica officinalisand process of preparation of such composition.
The present invention also contains the fruits of Piperlongum, piper nigraum and rhizomes of Zingerofficinalae and thoroughly mixed to get the finalcomposition which has potent antiallergic activity. Thepreparation is useful for the treatment of allergicconditions.
II. Patent for new use of the herbal constituentsEg: The weight loss properties of Forskohlin (obtained from the roots of Coleus forskohlli ) were discovered by the firm ( Sabinsa corporation), in humans, which is not a traditional use of the Coleus active. For this, the company was gratentd a patent for its use and composition in promotion of lean body mass, reduction of adipose tissue (fat) and weight loss.
III. Modification or Synthesis of the natural compoundsEg: The novel steroidal glycosides compounds which areextracted and isolated from the extracts of plant of thegenus Trichocaulon or Hoodia containing an appetitesuppressant agent and the the derivatives of suchcompounds are synthesized with the aim of increasing theactivity of the active ingredient. Also, this invention providesnovel intermediates for the synthesis of active compound .
The active ingredient in the Hoodia gordonil plant iscalled P57 and is responsible for its appetite suppressantqualities. Phytopharm, a British pharmaceutical company,has the exclusive patent on P57
IV. A Novel isolation process ;Eg; For the process of isolation of Azadirachtin(fungicidal activity) from the seeds of neem and also itsstorage. N.C.L, Pune, Indian patentV. A new application of an isolated compoundEg; For the use of turmeric as a stabilising agent formenadione, an antifungal agent. Japanesh patent.
VI. The inventions with novelties: Eg; Bio-pesticidesVII. Biotechnology related productsVIII. Purification of the natural products