Probiotics patenting trends in india


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To know the trends in patent filing in India in the field of probiotics, a detailed search was performed at the official website for the granted patents and the published applications. Presented here is the summary of the trends.

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Probiotics patenting trends in india

  2. 2. 10 April 20142 Probiotics are Live microorganisms which when administered in adequate amounts confer a health benefit on the host. Probiotics have been shown to have beneficial effects against various diseases and disorders, most common are: • Gastrointestinal disorders • Allergies- Skin, respiratory, food • Cardiovascular diseases • Metabolic disorders like Diabetes • Obesity and overweight • Urinogenital infections • Kidney disorders • Neurological disorders.
  3. 3. 10 April 20143 Inventions in the field of probiotics include  Method for isolating/extracting/conditioning/modifying live micro-organisms including various strains of bacteria and yeast  New strains of bacteria and yeast  Compositions/formulations/products comprising micro- organisms  Use of probiotics
  4. 4. 10 April 20144 The relevant sections of the Patent Act applicable for ascertaining patentability of probiotic related invention are: Section 3(c): the mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature.
  5. 5. 10 April 20145  Section 3(d): the mere discovery of a new form of a known substance, which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.
  6. 6. 10 April 20146 Section 3(i): any process for the medicinal, surgical, curative, prophylactic [diagnostic, therapeutic] or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products;
  7. 7. 10 April 20147  Section 3(j):plants and animals in whole or any part thereof other than micro organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals; Section 3(p): an invention which, in effect, is traditional knowledge of which is an aggregation or duplication of known properties of additionally known component or components.
  8. 8. 10 April 20148
  9. 9. 10 April 20149 Applicable international classes(IPC) for probiotic related Inventions : A23C A23L A23K A47G A61K A61L A61M A61P Other related classes : C12N C12P C12Q C12R
  10. 10. 10 April 201410  Data Base Searched: Indian Patent Office  Time span: From 01.01.2002 to 01.03.2014  Patents searched were normalized manually for devices for delivering probiotics and probiotics as animal feed.  Note: PCT applications which have designated India but have not entered National phase are not included.
  11. 11. 10 April 201411 0 5 10 15 20 25 30 35 40 Granted Patents Published Applications
  12. 12. 10 April 201412 0 5 10 15 20 25 30 35 40 45 50 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Published applications Granted Patents
  13. 13. 10 April 201413 0 2 4 6 8 CSIR HLL ICAR COCHIN UNIV.OF SCI & TECH AMITY UNIV.
  14. 14. 10 April 201414 0 5 10 15 20 25 30 35 40 NESTEC S.A. PROBI AB DANONE YAKULT BIOGAIA AB
  15. 15. 10 April 201415  New microbial strains  Probiotic formulations for preventing /treating various diseases  Probiotic compositions as targeted drug delivery system  Fortification of food stuffs with probiotics eg: corn, soyabean, coffee beans  Kits for administering probiotics
  16. 16. 10 April 201416  Probiotic is still an underexplored field in India. Total number of patents granted in the field of probiotics are 42 and total number of published applications are 207.  A major portion of patents granted and published patent application are national phase applications. Nestec S. A.,the global leader in patent filing, continues to dominate the Indian patent filing. In India the government funded research establisment CSIR, leads the patent filing.
  17. 17. 10 April 201417  Applicants should ascertain, that the subject matter in respect of which a patent is sought, does not fall under the exclusions mentioned in The Patent Act.  Deposition of the microorganism isolated/ conditioned/ extracted/modified should be at MTCC Chandigarh or Pune.  Applicants are advised to follow guidelines for examination of Biotechnology applications for patents released by Indian Patent Office.
  18. 18. 10 April 201418 VIEWS EXPRESSED AND ERRORS, IF ANY ARE ATTRIBUTABLE TO THE AUTHOR – IF YOU RELY ON THE ABOVE VIEWS WITHOUT A PERSONALIZED OPINION, AND IF YOU HAVE BENEFITS, YOU ARE FREE KEEP IT FOR YOURSELF WITHOUT EVEN AN ACKNOWLEDGEMENT !! IF YOU RELY ON THE ABOVE VIEWS, SOME OF IT MAY BE WRONG AND SUFFER LOSES AND YOU SUE ME FOR NEGLIGENCE, I RESERVE not only MY RIGHTS TO RECOVER COSTS(!) but also raise new bill on you for relying upon these views!! This presentation is primary meant for instructional use. Not for Publication. The ownership of the TM & copyrighted material (especially cartoons) appearing in the presentation is acknowledged. Thanks to the Cartoonists, a dull presentation receives an interesting touch.
  19. 19. 10 April 201419 Regd Off:- Office At:- 29, ‘SHESHASRI’, I ‘C’ CROSS, 890/4/5, 3rd A Main, D Block, SN LAYOUT, BASAVESWARNAGAR, RAJAJINAGAR 2NDSTAGE, BANGALORE-560079. BANGALORE-560010. PH: 91-80-2352 1978 Cell: +91-94480 85810 URL: e-mail: