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.

1. NARENDRA BHATTA HL ,FOUNDER
&
DR. ANJU RAWAT
10 April 2014

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. www.freefromsupplements.com

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. 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. 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. 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. 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. 10 April 20148

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 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. 10 April 201411
0
5
10
15
20
25
30
35
40
Granted
Patents
Published
Applications

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. 10 April 201413
0
2
4
6
8
CSIR HLL ICAR COCHIN
UNIV.OF SCI
& TECH
AMITY
UNIV.

14. 10 April 201414
0
5
10
15
20
25
30
35
40
NESTEC
S.A.
PROBI AB DANONE YAKULT BIOGAIA
AB

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. 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. 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. 10 April 201418
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19. 10 April 201419
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