IPR.pptx

IPR
RELATED TO MEDICINAL
AND AROMATIC CROPS
CHAIRMAN
Dr. T. R. BARATH KUMAR
Assistant Professor in Horticulture,
MEMBER 1
Dr. K. HARIPRIYA
Professor and Head in Horticulture
Presented by
J.PREETHI FETRICIA
2150190009
I Ph.D. Horticulture
MEMBER 2
Dr. N. SENTHIL KUMAR
Professor in Genetics and Plant breeding

INTRODUCTION
GATT
WTO
AOA,
TRIPS
IPR

IPR - INTELLECTUAL PROPERTY RIGHT
INTELLECTUAL
- a person
possessing a highly
developed intellect
Intellect - a
person's mental
powers
INTELLECTUAL PROPERTY
(IP) refers to creations of the
mind: invention’s, literary and
artistic works, and symbols,
names, images, and designs used
in commerce
INTELLECTUAL
PROPERTY RIGHT(IPR)
can be defined as the rights
given to people over the
creation of their minds.
They usually give the creator
an exclusive right over the use
of his/her creations for a
certain period of time.
www.fda.gov
www.who.int

1970
Patent
Cooperation
Treaty (PCT)
Protection of
Patent i.e
invention
1891
Madrid
Agreement
International
Registration of
Trade marks
1948
General Agreement
on Tariffs and
Trade(GATT)
Legal agreement b/w
countries to promote
international trade.
1886
Berne
Convention
Protection of
Literary and
Artistic Works
1883
Protection of
Industrial
property
Paris
Convention
TREATIES

2001
TKDL
Protection of
Traditional
Knowledge
1995
World Trade
Organization
(WTO)
Regulation of
international trade
Replaced by GATT
1995
TRIPS
Administered by WTO
Introduces IP laws in
international trade
1978
European
Patent
Convention
(EPC)
Introduces specific
provisions for
biotechnology inventions
1970
Paris
Convention(1883) &
Berne
Convention(1886)
united in 1893
World Intellectual
Property
Organization
TREATIES Cont….

OBJECTIVES
To enhance the performance levels of institutions
To give recognition and financial benefits to the efforts for the
creativity
To create competition among the researchers and institutions for
quality of research
To fasten the technology transfer through licensing and other
means
To have return on investment in research

FORMS OF IPR
Patents
Copyrights
Trade
secrets
GI
Layout design
for integrated
circuits
Trade
marks PPV
Industrial
designs
https://www.wip.int/

PATENTS
•A patent is an exclusive right granted for an invention,
which is a product or a process that provides a new way of
doing something, or offers a new technical solution to a
problem.
• Protection for the invention.
• 20 years
Criteria of invention
Novelty: not
known as
prior art
Non-
obviousness:
Must involve
inventiveness
Usefulness:
Invention
must have
industrial
application
Savale et al., 2016

TYPES OF PATENT
Plant patent
* New variety
* New Variety - Novel,
Distinct and Non
obvious
*Plant discovered in
Nature are not
patentable
Utility patent
*new and useful
process, machine,
manufacturer
*valid for 20 years
Design patent
*Novel, ornamental
design in an article of
manufacture (i.e) for
Appearance
*valid for 14 years

HISTORY OF PATENT
1856
1859
1872
1883
1888
Act VI of 1856 -
protection of
inventions -British
Patent Law of 1852
Act modified -
act XV Patent
monopolies
called
exclusive
privileges.
Patterns &
Designs
Protection Act.
Protection
of
Inventions
Act
Consolidated
as the
Inventions &
Designs Act.
https://ipindia.gov.in/index.html

Cont…
1911
1999
2002
2005
The Indian
Patents &
Designs Act
March 26,
1999 Patents
(Amendment)
Act, (1999)
Patents
(Amendment)
Act 2002 20th
may 2003
The Patents
(Amendment)
Act 2005
1st january 2005
https://ipindia.gov.in/index.html

TRADE MARKS
• Distinctive signs that identifies certain goods or services as
those produced or provided by a specific person or
enterprise.
•Consist of drawings, symbols, three- dimensional signs.

Cont…..
 It provides protection to the owner of the mark by
ensuring the exclusive right to use it to identify goods
or services
 The initial term - 10 years; May be renewed from time to
time.

Legal term describing rights given to creators for their literary
and artistic works.
The kinds of works covered by copyright include:
literary works - novels, poems, plays, reference works,
newspapers and computer programs; databases;
films, musical compositions, and choreography;
artistic works - paintings, drawings , photographs and sculpture;
architecture; and advertisements, maps and technical drawings.
Time limit - life of author plus sixty years after creator's death.

GEOGRAPHICAL INDICATION
•GI - signs used on goods that
have a specific geographical
origin and possess qualities or
a reputation that are due to that
place of origin.
•Validity - 10 years.

INDUSTRIAL DESIGNS
 Creative activity – resulting in the ornamental
or formal appearance of a product.
 To promote and protect the design
element of industrial production.
 To promote innovative activity in the
field of industries.
 New Designs Act, 2000 - Serve in the
rapid changes in technology and
international developments.

TRADE SECRETS
• Trade secrets are confidential business
information that provides an enterprise a
competitive edge.
• These are manufacturing or industrial secrets
and commercial secrets which includes sales
methods, distribution methods, consumer
profiles, and advertising strategies, lists of
suppliers and clients, and manufacturing
processes.
• Contrary to patents, trade secrets are protected
without registration.

LAYOUT DESIGN FOR
INTEGRATED CIRCUITS
• The Semiconductor Integrated Circuits Layout
Design(SICLD) Act 2000
• Routes and mechanism for protection in Chip
Layout Designs created
• An inherent right to use the layout-design.
• Initial term - 10 years

PROTECTION OF NEW PLANT
VARIETY
• The Protection of Plant Variety and Farmers Rights Act
(PPV&FR) 2001 - come into force on 30.10.2005
• Objective - To recognize – farmers role as cultivators and
conservers - Contribution of traditional, rural and tribal
communities to the country's agro biodiversity - To
development new plant varieties to facilitate - growth - seed
industry.
• Protection of Breeder’s Right (PBR) give the Rights to breeder
or Licence to produce,sell, market, distribute,import or export
variety.
• The PBR for trees and vines is 18 years and new and extant
plant variety is 15 years enforcement of rights after registration

Legislations covering IPRs in India
Patents: The Patents Act, 1970 and was amended in 1999 and 2002. The amended Act
after the amendments made in 2002 came in to force on May 20, 2003.
Design: A new Design Act 2000 has been enacted superseding the earlier Designs Act
1911.
Trade Mark: A new Trademarks Act, 1999 has been enacted superseding the earlier Trade
and Merchandise Marks Act, 1958. The Act came in force from September 15, 2003
Copyright: The Copyright Act, 1957 as amended in 1983, 1984 and 1992, 1994,1999 and
the Copyright Rules, 1958.
Layout Design of Integrated Circuits: The Semiconductor Integrated Circuit Layout Design
Act 2000.
Geographical Indications: The Geographical Indication of Goods (Registration and
Protection) Act 1999.
Protection of Plant Varieties: Protection of Plant Varieties and Farmers’ Rights Act 2001
National Biological Diversity Act 2003: It shall provide legal protection to our bio-diversity.

IPR IN MEDICINAL AND AROMATIC CROPS

Introduction
and daily use cosmetics.

Patents granted for traditional
ayurvedic medicine, medicinal
plants and herbal formulation in
India
1.) Application number: 155/MUM/2008
Date of patent grant :20/04/2011
Patent number: 247558
Patent grant title : Herbal extract and
ayurvedic composition for the treatment
of diabetes
Main herbs described in the patent:
Momordica charantia

2.)Application
number:1734/KOL/2007
Patent grant title : A process for
preparing an ayurvedic medicament
effective against leukaemia and
carcinoma of lung and intestine
Main herbs described in the
patent: Lime, Asafoetida and Black
jeera

3.) Application number:
1938/DEL/2006
Date of patent grant : 29/03/2010
Patent grant title :A process for
preparation of ayurvedic composition for
treatment of hepatic disorder
Kaghzinimbu (Lemon) Citrus medica,
Salsola kali(Prickly salt wort).

Application number:1623/MUM/2006
Date of patent grant : 03/072008
Patent grant title :An ayurvedic
composition for oral consumption in
treatment of heart diseases and hypertension
Terminalia arjuna, Apium graveolens,
Boerhavia diffusa, Allium sativum, Moringa
oleifera, Vitis vinifera, Piper longum,
Tinospora cordifolia

5.)Application number: 228/CHE/2006
Patent grant title : A process for the preparation of
ayurvedic tooth powder/paste
Main herbs described in the patent: Azadirachta
indica, menthol, thymol, camphor and gall nut

6.)Application number:3207/DEL/2005
Patent grant title :An ayurvedic composition for joining
fractured bone & as anti-inflammatory
Main herbs described in the patent: Cissus
quadrangularis, Pterocarpus marsupium heartwood,
Buffalo/Cow Milk and Chenopodium murale

Patent grant title :An ayurvedic herbal hair oil
composition and preparation
Nardostachys jatamansi , Amla, Gratiola,
Eclipta alba, Cyperus rotundus, Hedychium
spicatum and Feronia elephantum

8.)Application number: 2352/DEL/2004
Patent grant title :An ayurvedic composition useful
for the treatment of migraine
Main herbs described in the patent: Psidium guava
and Eucalyptus camaldulensis

Patent grant title :A process for preparation of ayurvedic
anti-snake venom capable of administering orally or
intravenous
Main herbs described in the patent: Jasminum sambac,
Erythina indica, Eugenia jambolana and Mangifera indica

10.) Application number: 56/BOM/1998
Patent grant title : Process for the preparation of an immuno modulator
Main herbs described in the patent: Tinospora sp

Application number:1839/DEL/2010
Date of patent grant : 04. 07.2019
Patent grant title : Oral Anti precancer &Anti microbial Herbal
mouth wash process
Main herbs described in the patent: curcumin ,curry leaves ,
Allium sativum and tea tree oil

Application number:2965/DEL/2012
Date of patent grant : 22.03.2019
Patent grant title : A novel synergistic herbal formulation of
ashwangandha for Anti hyperlipdemic & Antiobesity
Main herbs described in the patent: Withania sominfera

Patent Essential oil in Human Health
• US6824795 by Khanuja, et al..
• Thymol - Trachyspermum ammi,
and Mint oil - hybrid of Mentha
spicata and Mentha arvensis, -
monoterpenes as carvone, limonene
and menthol.
• mint oil - 0.1% to 0.5% ; thymol - 20
to 50%
• Formulation - administered orally or
subcutaneously – Mycobacterium
and Escherchia genus.

Use of the root extract of Vetiveria zizanioides in
curing fluoroquinolone and multi drug resistant
bacterial infection
• SPS Khanuja,Suchi et al.,
• Canada/2480284/30.6.2013,
USA/6676974/13.1.2004,
India/218190/31.3.2008.
• Hexane bioactive fraction obtained
from the roots - aromatic plant -
Vetiveria zizanioides - inhibiting
the growth of drug-resistant
bacterial infections in humans and
animals
https://www.cimap.res.in/english/index.php/r-d-output/patent

• US7150888 by Vail WB and Vail M L
• Strong vapors from eucalyptus oil and tea
tree oil (Melaleuca alternifolia )
• To prevent such respiratory system
diseases as colds, flus, pneumonia,
tuberculosis.

• US0206790A1 by Weiss
• Environmentally-friendly antimicrobial
foamable soaps containing thyme oil
• Principal antimicrobial agent - Staphylococcus
aureus.

• FR2863170 by Christian and Xavier
• Mixture of essential oils - Coriandrum
sativum, Ocimum basilicum var.minimum,
Zingiber officinalis, Artemisia dracunculus,
Chamaemelum nobile, Origanum majorana
and Mentha piperata enriched in shark
liver oil.
• Regeneration and regulation of the
digestive system

• US7879373 by Antony
• Curcuminoid (curcumin )
• Anticancer drug

• WO2012018519A1 by Narayanan, Prosise and
Corring
• Thymol and eucalyptol - mouthwash.
• Formulation - dental caries, tooth decay, gum
diseases, gingivitis, and periodontal disorders
Essential Oils in Human Health and Treatment
Recent Patents on Anti-Infective Drug Discovery, 2012, Vol. 7, No.
25

• Process for the preparation of
analgesic & refreshing herbal
composition useful as dentifrices
• AK Singh, et al.,
• India/194983/17.3.2006
Extract of betel leaves and essential oils
selected from Lavender, Mentha, Fennel
and Ocimum species and their isolates.
Relief to toothache, Antimicrobial
activities - herbal mouthwash
https://www.cimap.res.in/english/index.php/herbal-formulations

• Mosquito repellent composition and process
• Dinesh Kumar et al.,
• Srilanka/12380/23.9.2005
• Essential oils of Tagetus minuta, cedarwood and
powder of Pyrethrum flowers. The formulation
can be prepared in the form of agarbathi - strong
repellency -mosquitoes.
https://www.cimap.res.in/english/index.php/herbal-formulations

Betel Leaf Extractor
• Patent Number - 202600
• Patent Application Number - 272/KOL/2004
• Publication Date - 02-Mar-2007
• Name of Patentee - INDIAN INSTITUTE OF
TECHNOLOGY, KHARAGPUR
• Remarks - It is a distillation unit with special modifications for
recycling evaporated water which carries the vapour of essential
oil from the distillation flask to the condensation unit.

Efficient method for the faster multiplication of earthworms and
production of superior quality vermicompost from the distillation waste
of industrial aromatic crops
• Alok Kalra, et al.,
• India/231000/28.2.2009
• No pre decomposition is required and compost developed by this method
contains higher concentration of micro as well as macro nutrients.
• This method is significantly quicker and the process also results in the
rapid multiplication of worms, thereby leading to production of
vermicompost with higher nutrient status.
https://www.cimap.res.in/english/index.php/improved-new-processes-methods-and-
techniques

GEOGRAPHICAL INDICATION
• Medicinal plants and among the most
precious bio-resources of the planet, and are
also among the most threatened.
• GI tagging of medicinal plants is important for
quality-assurance and trade, as well as for
conservation of these species.
• It also helps to supplement the incomes of the
farmers.

Green Cardamom - Alleppey and
Coorg

MEMANG NARANG
• (Indian wild orange – Citrus indica) Meghalaya Medicinal
value

BETEL VINE
• Mysore Betel Leaf -
Karnataka - Smooth texture
and hot taste
• Magahi Paan - Bihar - Soft
texture and unique taste

JASMINE
Mysore
Jasmine
Karnataka Jasminum
sambac
Fragrance
Hadagali
Jasmine
Karnataka Jasminum
auriculatum
Aroma
Madurai
Malli
Tamil Nadu Jasminum
sambac
Thick petals
and fragrance

KUMAON CHYURA OIL
• Chyura or Indian Butter Tree (Diploknema butyracea)
• Uttarakhand
• Oil used for making candles, ointments, lip balms and other beauty
products
• Flower nectar can be used to make jaggery.
• Biodegradable plates and bowls can be made from the leaves of the
Chyura tree
• The bark and root of the tree is known to have many healing and
medicinal properties.
• Seed residue used for mosquito repellent.

• Mysore Agarbathi - Karnataka
• Mysore Sandalwood oil - Karnataka
• Mysore Sandal soap - Karnataka
• Kannauj Perfume - Uttar Pradesh

Recent Application for GI
• Madurai marikoluthu – Davana - Aroma
• Puliyankudi acid lime - Kadayam lemon -
Taste and juiciness
• Virudhunagar sambha vathal – Chilli - Good
capsaicin content -oleoresin extraction.
CHENNAI APRIL 25, 2022 14:23 IST, THE HINDU, TIMES OF INDIA

ISSUES IN GI
Lack of Post-GI Protection
Mechanism
Appropriateness of
Identification of Items
Identification of
Beneficiaries (Producers)

CIMAP – PATENT VARIETIES
Plantago ovata
• Mayuri
• Early maturing,high yielding
• Mutation (gamma radiation)
US/PP17505/20.3.2007
Rosa damascena
• Ranisahiba
• High yielding stable plant
• Half sib progeny
US/PP13203/12.11.2002
https://www.cimap.res.in/english/index.php/plant-varieties

Vetiveria zizaniodes
• `CIMAP-KHUSINOLIKA - US/PP28388/12.9.2017
• A novel autotetraploid clone 'CIMAP-KHUS 40' -
carbon sequestration and soil conservation -
US/PP26474/8.3.2016
Cont.,

DAVANA
• High
artemisinin
yielding plant
• CIM -Arogya
• US/7375260/2
0.5.2008
Lippia alba
 Bhurakshak
 Mutant
 US/PP13110/22.10.2002
 Grown on waste land,
ravines and slopes to check
soil erosion.
Cont.,

MINT
Mentha piperita
1.)Indus
 Menthofuran rich
 US/PP16474/25.4.2006
2.)Pranjal`
 deep purplish green foliage,
purplish white flowers
 US/PP14090/26.8.2003
Mentha spicata . var.viridis
 Ganga`
 US/PP16747/4.7.2006
MINT
1.)Saksham
 Tolerant to leaf spot, rust and
powdery mildew diseases
 US/PP13279/26.11.2002
2.) Kushal
 Late transplanting
 US/PP16566/23.5.2006
3.) 'Neerkalka - Mother plant
Mentha arvensis (cv Kalka) and
pollen plant Mentha spicata (cv
Neera)
US/PP12030/7.8.2001
Cont.,

Lemongrass
• Nima
• Citral rich high yielding
plant
• US/PP16712/27.6.2006
Java citronella
• Jal pallavi
• Water logging tolerant
US/PP12997/24.9.2002
Cont.,

Geranium
1. Safal - Bipuli x Hemanti
89% rhodinol content
US/PP14400/23.12.2003
2. Narmada,
Yields high perfume
value essential oil
US/PP12425/26.2.2002
3. Parimal - somaclonal variety
US/PP20149/7.7.2009
Cont.,

TAMPCOL
• Tamil Nadu Medicinal Plant
farms and Herbal medicine
Corporation Limited at trademark
registry chennai from the state of
Tamil nadu
Brand name –TAMPCOL
TM Application No. - 888157
Class - 3
Goods & Service Details - [CLASS
: 3] MEDICINAL AND HERBAL
PRODUCTS
Date of Application25/11/1999

PATANJALI
• Patanjali Ayurved Limited,
• Herbal Home Care, Food
Product, and Natural
Personal Care.

PARACHUTE
• Marico Limited(erstwhile MaricoIndustries
• Limited),
• hair care, skin care, edible oils, health foods,
male grooming and fabric care

BIOPIRACY
• ‘Biopiracy’ term is generally used when
multinational corporations or companies profit
from the medicinal and agricultural uses of plants
known to indigenous or native societies and fail to
compensate those communities” (Dwyer 2008;
Andrews 2012).
• Alternatively, it refers to “appropriation, generally
by means of patents, of legal rights over
indigenous biomedical knowledge without
compensation to indigenous groups who
originally developed such knowledge” (Sudha
2014).

According to a study
conducted in 1999, global
market value of industries
using biological and
genetic material is
estimated between $500-
800 billion.
The economic value of
traditional knowledge in
the herbal medicine and
pharmaceutical sector is
estimated to reach around
5 trillion by 2020 (Sudha
2014; Shah 2014).

TKDL – Tool – protecting TK
These have been translated into English, French, German, Japanese and Spanish
TKDL database - 34 million pages of formatted information on some 22,60,000
medicinal formulations in multiple languages, bridging the linguistic gap between
traditional knowledge expressed in languages like Sanskrit, Arabic, Persian, Urdu
and Tamil.
The TKDL has been patterned on the International Patent Classifications
and has been ratified by the World Intellectual Property Organization.
(Gupta 2011).

Traditional knowledge
• Traditional medicine is popular throughout the world.
• In some Asian and African countries, a number
• of the population depend on traditional medicine,
including for primary healthcare.
• Traditional medical knowledge has social, cultural
and scientific value and is important for many
indigenous peoples and local communities.
• Traditional Medicinal Knowledge involves the
medicinal use of plants and herbs that form the
integral part of genetic resources
• This is not the original creation of the human
intellect and hence does not qualify for protection as
an intellectual property.

Traditional knowledge digital library
(TKDL)
• Collection, documentation and validation of various folk medicines, in
addition to other various traditional knowledge have been initiated by
National Institute of Science Communication and Information
Resources of Council of Scientific and Industrial Research and also by
few other NGOs.
• Intention to commercialize Traditional Medicinal Knowledge should
happen in accordance with the Access and Benefit Sharing (ABS)
mechanism of the Convention on Biological Diversity (CBD).
• This documentation will help in opposing any piracy of patent
(Ministry of Environment and forests 2010; Bhattacharya 2014).

Convention on Biological Diversity (CBD)
 CBD was adopted at the United Nations Conference on
Environment and Development (UNCED) in Rio de Janeiro
(Brazil) in the year 1992
 Aims at conserving biodiversity through economic incentives
that can be employed for enforcing the rights of indigenous
people.
 This convention “recognizes the intimate relationship
between preservation of biodiversity and the protection of
the traditional knowledge of indigenous populations”
(Powell and Chavarro 2008)
 Considers plant genetic resources as tradable commodities
which are subject to national sovereignty rights (Aoki
2009).

JEEVANI
 Kani tribe - Agasthyamalai hills - Western
Ghats - state of Kerala.
 December 1987 - All India Coordinated
Research Project on Ethnobiology
(AICRPE)
 Dr. Palpu Pushpangadan - director -
Jawaharlal Nehru Tropical Botanical Garden
and Research Institute (JNTBGRI) -
identified – untiring - black berry fruits -
fruits of energy - Arogyapacha - Trichopus
zeylanicus .
 Product technology licensing -
commercialisation of Jeevani‘- Arya Vaidya
Pharmacy Ltd of Coimbatore – 1995 - seven
years - license fee of $ 50,000 USD.

Cont….
 Kerala Kani Samudaya Kshema Trust -1997
with - the Kani tribe as its members - objective to
promote welfare and development activities
amongst the members of the Kani community.
 In March 1999- first royalty payment of US $
12,500 was received - benefit sharing agreement
- used for various welfare projects of the Kani
people.
 2006 - JNTBGRI - Business Management
Committee -Kani people - minimum conditions for
Access and Benefit Sharing (ABS) - extending
license and royalty benefits

Turmeric
• 1995 - United States Patent and Trademark Office (USPTO) -
patent (#5,401,504)
• Two non-resident Indians linked with University of Mississippi
Medical Center for "Use of Turmeric in Wound Healing
• CSIR - challenged - ayurvedic professionals - its medicative
properties - not a novel invention. TK - Sanskrit scripts publication -
Journal of the Indian Medical Association in 1953.
• After taking into consideration all the debates, in August 1997, the
USPTO rejected six claims mentioned in the patent - lacking the
novelty indispensability.

Neem
 In 1985, Robert Larson - extraction process of his preparation of neem
seed extract called as Margosan-O - sold - US company WR Grace.
 In 1995 United States Department of Agriculture (USDA) and the US
chemical major W.R. Grace gained patent rights (European Patent Office
patent #436257) - extraction technique -neem oil - fungicidal properties.
 Neem-based bio pesticides- Neemix for use in agriculture. ommercializing
its product - manufacturing plant - P.J. Margo Pvt. Ltd in India.
 The revocation of patent by the European Patent Office (EPO) in May
2000
www.iajpr.com
2014. Madhu Verma et. al. ISSN NO:
2231-6876

Indian Ginseng –Ashwagandha
 In May 2001 - patent application by Japanese firm Pola Chem Tech -
skin ointment for cosmetic purposes and to promote fertility .
 US based the New England Deaconess Hospital - arthritis.
 27th July, 2006 Natreon Inc, - America - EPO - anxiety induced
stress, depression, insomnia, gastric ulcers and convulsions
 Title ―Method of Treatment or Management of Stress‖.(European
patent #1906980).
 Traditional ayurvedic system of medicines - l recognized status as
aphrodisiacs, diuretics and for restoring loss of memory.
 As a result of the breathless efforts, on 25th march 2010, EPO decided to
dismiss the American’s firm claims over the Indian Ginseng.

Pudina and
Kalamegh
• On January 19, 2007 M/s Livzon Pharmaceutical Group Inc,
Guangdong filed a patent plea at EPO
• pudina (mint) and kalamegha (andrographis) for the therapy of
H5N1 avian influenza.
• On February 25, EPO patent.
• use of 'pudina' and 'kalamegha' in India since ages for influenza
and epidemic fevers
• On April 27, thereby rejectied (European patent # 1849473).
• Successfully blocking Chinese bid to patent the use of
medicinal plants pudina and kalamegha

Aloe Vera
• M/s. Cognis IP Management Germany, filed a patent application
on 09-03-2007 for the treatment of obesity using Aloe vera
• .TKDL evidences based on Rasendrachintamanih (time of origin
16th century) and other Ayurveda and Siddha books were submitted
on 20-07-2009.
• On 27-11-2009 applicant decided to withdraw its claims/patent
application.

Bittergourd, Jamun and Brinjal
• Bio-piracy was once again in highlights by the grant of patent for
the anti-diabetic properties of Karela, Jamun and Brinjal.
• US firm Cromak Research Inc., based in New Jersey, has been
granted a US Patent # 5900240 to a group of three persons
including two non-residents Indians Onkar S. Tomer and Kripanath
Borah, and their professional partner, Peter Gloniski.

 Patent publication number : EP1747786
 Patent publication date : 26 July 2006
 Name of Patent Office : EPO
 Application title : Natural product in cream with anti-vitiligo
therapeutic properties
 Date of objection by TKDL for patent grant : 8 July 2009
 Prior art evidence given by TKDL : Snake gourd; Cucumber
 Remarks : Intention to grant Patent refused on 27 July 2009
leading to closing of application on 11 October 2011

 Patent publication number : 3387/DELNP/2004
 Patent publication date : 1 November 2004
 Name of Patent Office : CGPDTM, India
 Application title : Formulations useful in the treatment of male and
female impotence
 Date of objection by TKDL for patent grant : 7 November 2012
 Prior art evidence given by TKDL : Tribulus terrestris; Cinnamon;
 Remarks : Patent application refused on 17 October 2013

 Patent publication date : 11 August 2004
 Application title : Compositions for diabetic treatment and
prophylaxis
 Date of objection by TKDL for patent grant : 27 June 2012
 Prior art evidence given by TKDL : Gymnema sylvestre
 Remarks : Decision to refuse patent leads to closing of
application on 10 October 2012
,;

 Patent publication number : 1962/MUM/2008
 Patent publication date : 16 September 2008
 Name of Patent Office : CGPDTM, India
 Application title : A herbal formulation for
treating sickle cell disease
 Date of objection by TKDL for patent grant :
1 June 2012
 Prior art evidence given by TKDL : Phyllanthus
emblica, Myristica fragrans, Zingiber officinale,
Leptadenia reticulata, Terminalia chebula,
Tinospora cordifolia, Asparagus racemosus, Aloe
barbadensis, Punica granatum , Piper longum
 Remarks : Patent application refused on 12
December 2013

 Patent publication number : 201001732022
 Patent publication date : 22 March 2010
 Name of Patent Office : USPTO
 Application title : Composition for treatment of Diabetes mellitus and
metabolic syndrome
 Date of objection by TKDL for patent grant : 3 August 2010
 Prior art evidence given by TKDL : (a) Bitter gourd; (b) Indian gooseberry;
(c) Fenugreek; (d) Turmeric;
 Remarks : Patent claims rejected on 19 September 2012 leading to
abandonment of application

 Patent publication date : 28 May 2010
 Application title : Compositions and methods for modulating lipid
composition
 Date of objection by TKDL for patent grant : 20 March 2013
 Prior art evidence given by TKDL : Origanum vulgare, Oregano;
Rosmarinus officinalis or Rosemary;
 Remarks : Decision to refuse grant of patent on 17 June 2015 leading
to closing of application on 28 August 2015

 Name of Patent Office : IP Australia
 Application title : Tamarind seed polysaccharide for use in the
treatment of inflammatory diseases
 Date of objection by TKDL for patent grant : 6 February
2016
 Prior art evidence given by TKDL : Tamarindus indica
 Remarks : Patent claims amended on 23September 2016

 Application title : Agent for expelling parasites in humans,
animals or birds
 Date of objection by TKDL for patent grant : 25 February
2013
 Prior art evidence given by TKDL : Ferula asafoetida
 Remarks : Rejection of Patent claims on 24 June 2013 on the
basis of India‘s Traditional Knowledge

 Patent publication date : 15 March 2013
 Application title : Homeopathic composition and method for
the treatment of skin irritations and other skin diseases
 Date of objection by TKDL for patent grant : 17 October
2013
 Prior art evidence given by TKDL : Aloe barbadensis
 Remarks : Patent claims rejected on 6 January 2015

 Patent publication date : 15 January 2015
 Application title : Viral trappers
 Date of objection by TKDL for patent grant : 12 November
2015
 Prior art evidence given by TKDL : Tephrosia purpurea
 Remarks : Patent claims rejected on 29 August 2018

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