TKDL Outcomes against Bio-Piracy

Traditional Knowledge Digital Library (TKDL) has been recognized nationally and internationally as a successful defensive, prior art tool in preventing misappropriation of Indian traditional knowledge (TK). The TKDL database is currently being used by 13 patent offices across the world, including India for examining patent applications before considering grant. To supplement the efforts of patent examiners, third-party observation (TPO)/ pre-grant opposition (PGO) are also submitted at a number of national/ regional patent offices using available legal provisions. Such provisions allow third parties to raise questions regarding patentability (including novelty or inventive step) of patent applications prior to their grant. CSIR-TKDL Unit submits TKDL evidences as in the aforementioned defence instruments contesting the patentability of applications based on Indian TK at national/regional patent offices, thereby avoiding expensive litigation.

Beginning July 2009, the TKDL team has identified several patent applications at international patent offices like United States Patent and Trademark Office (USPTO), European Patent Office (EPO), Canadian Intellectual Property Office (CIPO), German Patent and Trade Mark Office (DPMA), United Kingdom Patent & Trademark Office (UKPTO), IP Australia and Controller General of Patents Designs and Trademarks (CGPDTM, India), with respect to Indian Systems of Medicine. In these cases, prior-art evidences from TKDL have been filed at pre-grant stage under relevant provisions at these patent Offices. The outcomes of these efforts, as mentioned below, include patent applications being withdrawn/cancelled/declared dead/terminated or have had claims amended by applicants or rejected by the Examiner(s) on the basis of TKDL submissions.

S. No Patent Office No. of Cases
1. European Patent Office (EPO) 132
2. United States Patent and Trademark Office (USPTO) 26
3. Controller General of Patents Designs and Trademarks (CGPDTM) 39
4. Canadian Intellectual Property Office (CIPO) 36
5. IP Australia (AIPO) 10
6. United Kingdom Patent & Trademark Office (UKPTO) 1
  Total 244