India Publishes Draft Guidelines For Patenting Of TK and Biological Material

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The government of India has released a set of draft guidelines to be followed in the patenting of traditional knowledge and biological material. Comments are due by 22 November.

“It has been reported that the Indian Patent Office is granting patents on the use of traditional knowledge (TK) of India, particularly relating to the Ayurveda, Unani and Siddha systems of medicine, etc and patents have been granted on inventions related to biological resources obtained from India without taking adequate care to observe the mandate of law,” the draft guidelines state.

The draft guidelines are here [pdf], and the IP India public notice is here [pdf].

The guidelines mention India’s primary role in a range of international policy developments related to TK and genetic resources.

Pending patent applications involving traditional knowledge are published on a database, updated in real time.

Attribution-Noncommercial-No Derivative Works 3.0 Unported

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