India is known across the world for its rich food, diverse culture, vibrant festivals, and deep-rooted religions. AYUSH innovation patent guidelines. But beyond these, one of the most remarkable aspects of India is its vast traditional knowledge and heritage of innovations. Intellectual property rights (IPR). From ancient medical practices to unique cultural wisdom, this legacy makes India both distinctive and innovative. To make this treasure of knowledge more invention-friendly while safeguarding its authenticity, the Indian Patent Office has released the “Guidelines for Processing Patent Applications of AYUSH Systems and Related Inventions.” These guidelines are an important step towards protecting our traditions while also encouraging their transformation into unique and valuable modern innovations. If you’re wondering what these guidelines are all about, keep reading.
Ayush Innovation Patent Guidelines Released By The Indian Patent Office?
According to the PDF released by the Indian Patent Office, the guidelines begin with an introduction that explains why they were issued and why they are important. The main purpose is to provide clarity on how AYUSH innovation patent guidelines should be examined while also safeguarding traditional knowledge. This ensures fair treatment for both applicants and examiners by setting out clear rules.
The document then highlights the key legal provisions relevant to AYUSH inventions:
- Patents Act, 1970 and Patent Rules, 2003 – These define what qualifies as an invention, along with the requirements of novelty, inventive step, and exceptions. Specific clauses like Section 3(e) (mere admixtures) and Section 3(p) (traditional knowledge) are particularly important.
- Biological Diversity Act, 2002 – Applicants are required to disclose the source and origin of any biological material. If Indian biological resources are used, prior approval from the National Biodiversity Authority (NBA) is mandatory.
- Wrong or Non-Disclosure – If an applicant fails to disclose or misrepresents the biological source, it can result in refusal, opposition, or even revocation of the patent.
In the document, the Indian Patent Office also explains the step-by-step process that AYUSH applicants need to follow when filing and pursuing their patent applications.
- Filing the Application: When someone applies for a patent filing, they need to clearly state if any biological material is being used and give full details about it in the application form.
- Initial Screening: Once filed, applications that involve AYUSH or traditional knowledge are marked as such and passed on to examiners who have the right background to review them.
- Examination Stage: The examiner then checks whether the invention is new, whether it shows any real inventive step, and whether it can actually be used in practice. For AYUSH cases, the focus is also on things like whether a mixture of herbs shows a real combined effect and not just a simple mix.
- Guiding Principles for Examiners: To keep things fair and consistent, the guidelines set out some ground rules:
- Just extracting a substance from a known plant is not considered new unless the process itself is different.
- If you mix known ingredients, you need to show that the combination works better together than each part alone.
- Simply adjusting quantities or ranges isn’t enough to count as an invention.
- Picking one component from a well-known multi-herb formula usually isn’t inventive unless it gives surprising results.
- On the other hand, new devices or equipment developed for AYUSH
What databases should applicants and examiners use for AYUSH inventions?
AYUSH innovation patent guidelines not only set out the legal framework but also provide practical support and illustrations. On one hand, they highlight key databases and Acts, such as:
- the Ayush Research Portal, the Traditional Knowledge Digital Library (TKDL),
- the Indian Medicinal Plant Database, e-Charkha, the Tribal Digital Repository,
- The Biological Diversity (Amendment) Act 2023, and
- The Patents Act & Rules—that applicants and examiners must use for reference.
On the other hand, the guidelines showcase real-world examples of granted patents, ranging from herbal soaps, incense, and sanitary pads to innovative devices like AI-based diagnostic systems and smart wearables for traditional medicine. Together, these resources and examples show how India is encouraging innovation rooted in its cultural heritage while protecting traditional knowledge from misuse.
Conclusion
The Guidelines for Examination of AYUSH-Related Inventions strike a careful balance between preserving India’s age-old wisdom and enabling modern innovation. By laying out clear processes, legal requirements, trusted databases, and inspiring case examples, they create a roadmap that protects traditional knowledge while allowing innovators to build upon it. This ensures AYUSH systems remain not just a cultural treasure, but also a driver of meaningful innovation for the future.
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