New Delhi, Aug 12 (KNN)  Interest of foreigners in traditional Ayurveda is visible in 86 overseas applicants applying for grant of patent for products, formulations, composition and processes in the field of Ayurvedic medicinal plants and herbs.  Of these, 26 patents have already been granted to foreign entities.

This information was given by Minister of State for Commerce and Industry E M Sudarsana Natchiappan in the Lok Sabha today.

The Minister said, under the WTO agreement on Trade Related Intellectual Property Rights (TRIPS) to which India is committed, every country is required to accord to the nationals of other countries, treatment which is no less favourable than it accords to its own nationals with regard to the protection of intellectual property.  

“Therefore, the question to restrict the grant of patents for inventions based on Indian Ayurvedic System of Medicine to Indian companies only does not arise.”

Along with foreigners as many as 523 Indian applicants sought patents for these products. Of them, 93 patents have been granted to Indian entities as on March 2013.

However, the Minister said, that any readymade formula of traditional Indian Ayurvedic System of Medicine cannot be patented since an invention, which in effect, is traditional knowledge or duplication of known properties of traditionally known components has been made non-patentable under Section 3(p) of the Patents Act, 1970. 

But, with substantial improvements over traditional medicines which meet the requirements prescribed for patentability in the Patents Act, 1970 can be granted patents.  (KNN/PC)