Bengaluru: A US company filed an application before the European Patent Registers on May 28, 2010, seeking patent for a medicinal formulation to control lipid levels.

The company, New Chapter, claimed rights for use of common or wild marjoram (commonly called oregano) and rosemary to treat angina pectoris, oedema, inflammation, palpitation, obesity heart weakness, and to be used as cardio-tonic. On March 20, 2013, India submitted evidence to say use of these plants to treat the diseases was known in the country for many decades. In July 2014, the firm made a second bid with an amended application, but Indian proof was overwhelming. The EPO junked the application in June 2015.

For the record, India has captured 2.93 lakh medicinal formulations derived from traditional systems of medicine -Ayurveda, Unani and Siddha. From 2009 to 2015, India has fought off many such patent claims on drug formulations with roots in the country's system of medicine.No less than 220 claims have been withdrawn or rejected. Science and technology ministry officials said India has filed about 1,400 pre-grant opposition in many international patent offices. "Many claims are filed in European, US, Canada and Australian patent offices. We hope to win these cases," a source said.

India managed to foil attempts in 220 patent-claim cases, thanks to the Traditional Knowledge Digital Library (TKDL), which has documented 2.93 lakh medicinal formulations with scientific evidence. The country didn't spend a rupee to fight these cases.

In contrast, India spent more than Rs 7 crore in getting revoked claims on a single Basmati rice patent. The TKDL took birth, thanks to India's efforts in fighting patent claims on wound-healing properties of turmeric at the US office and anti-fungal properties of neem in the Eu ropean office.

Presentations at a 2011 international conference on utilizing TKDL data show that about 2,000 wrong patents on Indian systems of medicine were granted every year at the international level. A presentation, quoting the 2000 data, said the TKDL expert group surmised that this lapse occurred as India's traditional medical knowledge existing in Sanskrit, Hindi, Arabic Urdu and Tamil could be nei ther accessed nor compre hended by patent examiners at international offices.

As a result, TKDL, which got the cabinet clearance in 2006, has medicinal-formula tion literature in English German, French, Spanish and Japanese to make search easy for patent examiners a international offices.

"It is important we document -backed with proper evidence -our traditional knowledge so that fighting cases becomes easier and cheaper," Kasturirangan said.

The commission has recommended Karnataka create a library of its plants and traditional knowledge using GIS.

TWO BIG PATENT WINS

Turmeric

In 1995, a US patent (No.

5,401,504) was granted to two researchers from the University of Mississippi Medical Centre on use of turmeric in wound-healing.The CSIR challenged the patent, claiming Indians knew this for centuries, and submitted evidence. In 1997, the US Patent Office upheld CSIR's objections and revoked the patent in a landmark decision.CSIR challenged the patent, claiming Indians knew this for centuries, and submitted evidence. In 1997, the US Patent Office upheld CSIR's objections and revoked the patent in a landmark decision.

Neem

In 1994, the European Patent Office had granted a patent (No. 436257) to US firm WR Grace Company and the US Department of Agriculture for a method to control fungi on plants using neem oil. In 1995, a group of Indian farmers with help from international NGOs submitted evidence to counter the claim. The European Patent Office accepted the argument.

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