Question : PATENT CLAIMS

(a) whether after losing nearly 18,000 patents of medicinal plants to West, the Government has decided to allow International Patent Offices (IPOs) to access its Traditional Knowledge of Digital Laboratory (TKDL) for examining patent claims;

(b) if so, the details thereof;

(c) the number of countries which has signed agreement with India to access data base in this regard;

(d) whether the Government has established laboratory for settlement of patent claims of Indian Medicines and Yoga; and

(e) if so, the details thereof and the benefits likely to be derived by the Government by opening data base to foreign countries?

THE MINISTER OF STATE IN THE MINISTRY OF HEALTH & FAMILY WELFARE (SMT. PANABAKA LAKSHMI)

(a)&(b): No specific study has been done to estimate the number of patents which have been granted on Indian traditional medicinal knowledge. The Traditional Knowledge Digital Library Task Force had carried out studies in March 2000 which found 4896 references on medicinal plants out of which randomly selected 762 US patents showed that 374 patents were found to be based on traditional knowledge. The Traditional Knowledge Digital Library was created by Government of India with a view to prevent grant of wrongful patents on traditional medicinal knowledge of India. Government has authorized access to Traditional Knowledge Digital Library by International Patent Offices under a non-disclosure agreement.

(c) The request from European Patent Office for TKDL access was received in July 2005 and United Kingdom Patent office in June 2006.After Cabinet approval dated 30.6.2006 on access to TKDL for international patent offices, copies of TKDL Access Agreement is being sent to EPO and UKPTO offices for their consideration.

(d) & (e) No Sir