Abstract:

Indian law has adequate provisions for the protection of TK and Biological Resources. Traditional knowledge, by its very definition, is in the public domain and hence, any application for patent relating to TK does not qualify as an invention under section 2 (1) (j) of the Patents Act, 1970, which defines that "invention means a new product or process involving an inventive step and capable of industrial application". Further, under section 3(e) of the Patents Act "a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or process for producing such substances" is not an invention and hence, not patentable. The Indian Patents Act also has a unique provision under Section 3 (p), wherein "an invention which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components" is not an invention and hence, not patentable, within the meaning of the Patents Act. Additionally, sections 3 (b), (c), (d), (f), (h), (i) and (j) are of relevance with respect to the patent applications related to TK and/or biological material.