Probiotics patenting trends in India

Report
NARENDRA BHATTA HL ,FOUNDER
&
DR. ANJU RAWAT
10 April 2014
Probiotics are Live microorganisms which when administered
in adequate amounts confer a health benefit on the host.
Probiotics have been shown to have beneficial effects against
various diseases and disorders, most common are:
• Gastrointestinal disorders
• Allergies- Skin, respiratory, food
• Cardiovascular diseases
• Metabolic disorders like Diabetes
• Obesity and overweight
• Urinogenital infections
• Kidney disorders
• Neurological disorders.
www.freefromsupplements.com
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Inventions in the field of probiotics include
 Method for isolating/extracting/conditioning/modifying
live micro-organisms including various strains of bacteria
and yeast
 New strains of bacteria and yeast
 Compositions/formulations/products comprising micro-
organisms
 Use of probiotics
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The relevant sections of the Patent Act applicable for
ascertaining patentability of probiotic related invention are:
Section 3(c): the mere discovery of a scientific principle
or the formulation of an abstract theory or discovery of
any living thing or non-living substance occurring in
nature.
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 Section 3(d): the mere discovery of a new form of a
known substance, which does not result in the
enhancement of the known efficacy of that substance or
the mere discovery of any new property or new use for a
known substance or mere use of a known process,
machine or apparatus unless such known process results in
a new product or employs at least one new reactant.
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Section 3(i): any process for the medicinal, surgical,
curative, prophylactic [diagnostic, therapeutic] or other
treatment of human beings or any process for a similar
treatment of animals to render them free of disease or to
increase their economic value or that of their products;
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 Section 3(j):plants and animals in whole or any part
thereof other than micro organisms but including seeds,
varieties and species and essentially biological processes
for production or propagation of plants and animals;
Section 3(p): an invention which, in effect, is traditional
knowledge of which is an aggregation or duplication of
known properties of additionally known component or
components.
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Applicable international classes(IPC) for probiotic related
Inventions :
A23C
A61K
A23L
A61L
A23K A47G
A61M A61P
Other related classes :
C12N
C12P
C12Q
C12R
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 Data Base Searched: Indian Patent Office
 Time span: From 01.01.2002 to 01.03.2014
 Patents searched were normalized manually for devices
for delivering probiotics and probiotics as animal feed.
 Note: PCT applications which have designated India but
have not entered National phase are not included.
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40
35
30
25
Granted
Patents
20
15
Published
Applications
10
5
0
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50
45
40
35
30
25
Published
applications
20
Granted Patents
15
10
5
12
2014
2013
2012
2011
2010
2009
2008
2007
2006
2005
2004
2003
2002
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8
6
4
2
0
CSIR
HLL
ICAR
COCHIN
UNIV.OF
SCI & TECH
13
AMITY
UNIV.
10 April 2014
40
35
30
25
20
15
10
5
0
NESTEC PROBI AB DANONE YAKULT BIOGAIA
S.A.
AB
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 New microbial strains
 Probiotic formulations for preventing /treating various
diseases
 Probiotic compositions as targeted drug delivery system
 Fortification of food stuffs with probiotics
eg: corn, soyabean, coffee beans
 Kits for administering probiotics
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 Probiotic is still an underexplored field in India.
Total number of patents granted in the field of probiotics
are 42 and total number of published applications are 207.
 A major portion of patents granted and published patent
application are national phase applications.
Nestec S. A.,the global leader in patent filing, continues to
dominate the Indian patent filing.
In India the government funded research establisment
CSIR, leads the patent filing.
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 Applicants should ascertain, that the subject matter in
respect of which a patent is sought, does not fall under
the exclusions mentioned in The Patent Act.
 Deposition of the microorganism isolated/ conditioned/
extracted/modified should be at MTCC Chandigarh or
Pune.
 Applicants are advised to follow guidelines for
examination of Biotechnology applications for patents
released by Indian Patent Office.
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