Query: I am writing to you with great enthusiasm about our upcoming venture in the manufacturing and distribution of home-made herbal cosmetics in the local market. We are planning to start on a small scale and focus on serving our immediate community. I am reaching out to inquire about the necessary licenses and permits required for manufacturing in home and selling cosmetics in local area. Your guidance on this matter would be invaluable to us as we take our first steps into this endeavor... Response: For making any type of cosmetics in India, there is a requirement of manufacturing license. You can manufacture herbal cosmetics by taking either of following license i.e. ayush manufacturing license or cosmetic manufacturing license. check links to know more: How to Start Cosmetic Manufacturing Company? How to start Ayurvedic cosmetic Manufacturing Company
Do we need to conduct clinical trials for patenting a ayurvedic medicine?
It's not easy to patent ayurvedic. Ayurvedic medicines come under Traditional Knowledge. You can't patent a product that is based upon traditional knowledge i.e ingredients/process/uses and other related things mentioned in old Ayurveda, Unani and Siddha systems and other traditional system of medicine books.
As per the definition of patent, traditional knowledge does not qualify as an invention under section 2 (1) (j) of the Patents Act, 1970, which defines that "invention means a new product or process involving an inventive step and capable of industrial application".
Further, under section 3(e) of the Patents Act "a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or process for producing such substances" is not an invention and hence, not patentable. The Indian Patents Act also has a unique provision under Section 3 (p), wherein "an invention which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components" is not an invention and hence, not patentable, within the meaning of the Patents Act.
Reference: http://www.ipindia.nic.in/writereaddata/Portal/IPOGuidelinesManuals/1_39_1_5-tk-guidelines.pdf
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