patenting ayurveda a review
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This document discusses patents and intellectual property rights in Ayurveda. It defines a patent as government protection granted to an inventor for solely manufacturing and marketing an innovation for a limited time. Patents are important in Ayurveda to protect innovations from being claimed by others and to encourage further research. The document outlines the objectives and steps for obtaining a patent, as well as what cannot be patented, such as traditional knowledge. It argues that patenting original Ayurvedic formulations can help protect Indian intellectual property while still encouraging new ideas.
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1. The concept of pratinidhi dravya or substitute drugs in Ayurveda allows for the replacement of unavailable main ingredients in formulations.
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3. Factors like regional availability, seasonality, shelf life, and cost are considered when selecting substitute drugs to ensure treatments can still be effectively prepared and administered.
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patenting ayurveda a review
- 2. GUIDED BY Dr. GAZALA HUSSAIN ASSO.PROFESSOR PRESENTER Dr. D. SEETARAMA KISHORE 2nd YEAR PG SCHOLAR DEPARTMENT OF RASASHASTRA AND BHAISHAJYA KALPANA
- 3. CONTENTS INTRODUCTION Patent Need of patent Utility of patent Objectives of patent Steps for patent What cannot be patented DISCUSSION CONCLUSION dr.kishorebams@gmail.com 3
- 4. INTRODUCTION • Intellectual Property Right (I.P.R) is the government protection to the first innovator for solely manufacturing and marketing an innovation for a limited period patent Trade mark Copyright I.P.R. dr.kishorebams@gmail.com 4
- 5. CLASSICAL REFERENCE अल्पस्यापप महार्थत्वं प्रभूत्स्याल्प्मथमाम ्! ्ु याथम्संयोगपवस्लेष्ालसंस््ारययु्तिमिःभ !! चरय् संहहम ्ल्प स्र्ान 48 th sloka/12 th chapter dr.kishorebams@gmail.com 5
- 6. PATENT • Patent word is derived from the Latin word – ‘ litterae patentes’ --- open letter • A patent is a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time • A drug which is not included in the edition of the Indian Pharmacopoeia dr.kishorebams@gmail.com 6
- 7. IMPORTANCE OF PATENT • In 1998, Dr. Jagdish Chandra Bose did not patent an idea for a coherer • Eventually, Dr Marconi patented it, got the Noble Prize and used it for the discovery of wireless • This story has repeated itself time and again with Turmeric, Neem and many other drugs dr.kishorebams@gmail.com 7
- 8. NEED FOR PATENT MEDICINES Formulations for new diseases Development of innovative technique for drug processing Standard operating Procedure New dosage form Potency of drugs Shelf life Palatability & Compliance dr.kishorebams@gmail.com 8
- 9. COMBINATION OF CLASSICAL MEDICINES DOSAGE FORM SOFTULES EYE DROPS UTILITY OF PATENT MEDICINES dr.kishorebams@gmail.com 9
- 11. OBJECTIVES OF PATENT LAW Encourage Scientific research, New technology and Industrial process Grant of exclusive monopoly rights Stimulate new invention Pass the invention into public domain 1 2 3 4 dr.kishorebams@gmail.com 11
- 12. PATENT ACT 1970 •Section -2 •Section -3 Invention means a new product or process involving an inventive step and capable of industrial applications. Where an Invention (properly so called) can yet be not patentable . Section 3(d) of the Patents Act 1970 2 3 dr.kishorebams@gmail.com 12 sections
- 13. PROCEDURAL STEPS FOR PATENT GRANT Submission of application Examination of application Advertisement of acceptance of complete specification Opposition to grant of patent to the applicant Hearing of parties dr.kishorebams@gmail.com 13
- 14. WHAT CANNOT BE PATENTED • Mere idea discovery • Contrary to public morality or order • Method of Agriculture / Horticulture • Traditional knowledge • Contrary to national laws dr.kishorebams@gmail.com 14
- 15. DISCUSSION • Patent comes under the Intellectual property rights • Acharya Charaka has encouraged new thinking, new idea beyond the textbook knowledge • By patenting our own herbs like Turmeric we can protect Indian Intellectual property • One has to be specific with both what to be patented and what not dr.kishorebams@gmail.com 15
- 16. CONCLUSION • The demand is not for patenting of what is already known but for the invention in the field with the help of science and technology of formulations • The underlying idea behind granting patents is to encourage innovators to adopt technology for health care needs dr.kishorebams@gmail.com 16
- 17. RELATED ARTICLES • INTELLECTUAL PROPERTY RIGHTS AND PATENTS IN PERSPECTIVE OF AYURVEDA ( Journal – AYU ) AnandChaudhary and Neetu Singh1 • AYURVEDA AND INTELLECTUAL PROPERTY RIGHTS (IPR) ( Journal – JAHM) 1kundailia neetika, 2bose amrtyo, 3saroch vikas, 4johar smita dr.kishorebams@gmail.com 17
- 18. dr.kishorebams@gmail.com 18 REFERENCES Patent a Need in Ayurvedic pharmaceutics Dr.Priya, Dr.Gazala hussain Relavance of patent medicines in ayurvedic practice Dr.Suhas Kumar Patenting an Ayurvedic perspective Dr. Reshma Saokar Patenting Ayurveda Formulations Dr.Sunil, Dr. Desai Intellectual Property Rights and Patents in Perspective of Ayurveda Dr. Anand