Recent Indian Patent Office Updates

14th August, 2012 - 4:40 am Categories: IP Practice in India News & Updates 0 Comments

1. The Indian Patent Office publishes list of all Applications related to Traditional Knowledge

The Indian Patent Office makes available the list of the Patent Applications filed at the Indian Patent Office relating to the Traditional Knowledge. The published applications are around 795 in number.  The List contains the Application Number, Date of Filing, title of the invention, Applicant’s name and address and publication date.

TKDL (Traditional Knowledge Digital Library) comprises of approximately 2.08 lakh formulations based on Ayurveda, Siddha, Unani, and Yoga. These have been transcribed in five different languages, namely, English, French, German, Spanish and Japanese, with the objective of preventing its misappropriation at the Foreign patent offices. India has provided access of the TKDL to the major Foreign Patent Offices including USPTO, EPO, JPO, Canadian Patent Office.

TKDL mentions at their website that around 75 Europeans patents and around a dozen USPTO patents are modified because of TKDL.

However, surprisingly the access of the TKDL has not been given to the Indian Patent Office. Also, unlike Korean and Chinese Traditional Knowledge databases, TKDL does not give a free access to all and is regarded as ‘confidential’.

Now the Indian Patent Office publishes the list of the pending patent applications relating to the Traditional Knowledge. However the purpose of such activity could not be ascertained. It might be regarded as a step towards greater transparency.

2.  Indian Patent Office publishes the list of pending & granted Product Patents in the field of Pharmaceutical and Food Products

In another update, the Indian Patent Office publishes lists of granted Product Patents, granted between 1-1-2009 to 31-12-2011 in the field of Pharmaceutical and Food Products.  The Patent Office also publishes lists of pending Product Patent Applications in the field of Pharmaceuticals and Food products. All these lists could be accessed over here. The lists contain, Application Number/Patent Number, Title of the invention, Applicant’s/Patentee’s name and Date of Filing/Grant.

These lists could be handy resources for the ones who are looking forward to attempt to oppose related applications/patents similar to their own inventions or for the ones who believe such application could not be a patentable subject matter in light of some already existing prior art or under other grounds such as section 3(d).

The pre-grant opposition can be filed by “any person” by way of representation at any time before the grant of the patent u/s 25(1) of the Indian Patent Act. The post-grant opposition can be filed by “any interested person” by filing Notice of Opposition within 12 months from the date of grant of the patent u/s 25(2) of the Indian Patent Act.

About the Author: Mr. Nagaraj Mannikeri, Patent Associate at Khurana & Khurana and can be reached at: nagaraj@khuranaandkhurana.com