No more patents based on INDIAN traditional medicines

Ministry of Health & Family Welfare   has made a press release on  10 th of December regarding the   launch of  Traditional Knowledge Digital Library (TKDL), which contains 2,91,008 medicinal formulations that includes concoction of herbs, from traditional texts on Ayurveda, Unani, and Siddha to prevent the misappropriation of India’s Traditional Knowledge on Indian Systems of medicine. This system is expected to identify patents  application containing any of the Indian traditional medicines . Documentation of Medicinal Herbs

As informed by the Department of Industrial Policy & Promotion (DIPP), no patent application has been filed before the Indian Patent Office by any British firm in India, involving Ginger and Kutki, being used alone or in combination with other ingredients, to treat cough, bronchial asthama and lung diseases. As far as patent filed outside India is concerned, according to the information received from CSIR-Traditional Knowledge Digital Library (TKDL), a British firm namely Nicholas John Larkins, had filed a patent application in year 2006 in United Kingdom (publication No. GB2436063) titled “Pharmaceutical composition for the treatment of excess mucous production” claiming the use of Ginger and Kutki for the treatment of Phlegmatic Cough, Bronchial asthma, Cough/ Bronchitis, Diseases of Phlegm and as Phlegmagogue. TKDL filed a pre-grant opposition on 25 April, 2011. The above patent application terminated before grant on 12 May, 2011. The Department of AYUSH, Ministry of Health & Family Welfare in collaboration with Council of Scientific and Industrial Research (CSIR) has established Traditional Knowledge Digital Library (TKDL), which contains 2,91,008 medicinal formulations that includes concoction of herbs, from traditional texts on Ayurveda, Unani, and Siddha to prevent the misappropriation of India’s Traditional Knowledge on Indian Systems of medicine. The National Institute of Indian medical heritage (NIIMH), a unit of Central Council for Research in Ayurvedic Sciences (CCRAS) under the Department of AYUSH has also launched another web based Research Portal for dissemination of Research outcomes in AYUSH Systems including medicinal plants. As per the Cabinet approval, access to TKDL at present is limited to International Patent Offices; therefore, it cannot be utilized for any purpose other than contesting frivolous claims. However, the AYUSH Research Portal is open to all to find information about research undertaken on AYUSH Systems including herbs/ medicinal plants. This was stated by Shri. Ghulam Nabi Azad, Union Minister for Heath and Family Welfare, in a written reply to the Rajya Sabha today aS PER the site of press information Bureau http://pib.nic.in/newsite/erelease.aspx?relid=101319