Do we need to conduct clinical trials for patenting a ayurvedic medicine?

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


Comments

Send Your Query

Popular posts from this blog

How to Open Ayurvedic Medicine Store?

How to sell Ayurvedic Medicines Online?

How to start Ayurvedic Marketing Company?