Traditional
knowledge of India has provided many modern days solutions. Many
foreign companies have tried to obtain patents that are primarily
based upon traditional knowledge of India.
Till recently we had no traditional
knowledge digital library (TKDL) of India. However, now we
have a TKDL that is serving the interests of India and international
community by thwarting any attempt to patent a product or service
based upon Indian traditional knowledge. The Indian TKDL is a
representative database of 1200 Ayurvedic, Unani and Siddha
formulations.
It has been reported that India has once again
thwarted an attempt made by a US company to claim a patent at the
United States Patent and Trademark Office (USPTO) on the use of
pomegranate for the treatment of ulcers. To achieve this objective
the Indian TKDL submitted prior art evidences in December 2010 in the
form of references in three books from 11th century to 20th century.
Naturally if prior art and knowledge about an
applied patent is already available in public domain there is little
scope for the grant of a patent in that field. Objections regarding
such applied patent are natural and in most cases they succeed as
well.
After the objections raised by the Indian TKDL the
applicant tried to amend the claims on August 14, 2012, but the
examiner later rejected all the claims. This is a positive
development and Perry4Law
and Perry4Law’s
Techno Legal Base (PTLB) congratulate TKDL on its
proactive role in this regard.
