Herbal pharmaceutical patent protection: Illustrative evidence on prosecution stages and section 3 [d] implication of Indian Patent Act

Abstract

Abstract Background: Pharmaceutical industries are increasingly vigilant on filing patent protection in the field of herbal medicine due to increase in annual growth rate/demand of natural products. These industries dependant on medicinal system(s) primarily on AYUSH system of Medicine apart from traditional knowledge practices. Since 2005, India had complied with Trade Related Aspects of Intellectual Property Rights [TRIPS] obligations by evolving suitable patent protection system. Indian patent system had advanced by various amendment(s) including Section 3 (d) of the Act (Patent Act 1970). Aim: The study is aimed essential to provide evidence in protection of desirable patent and to understand implications of Section 3 (d) in terms of protecting creativity, appreciating variations in development of pharmaceutical products. Material and methods: The study had examined 41 herbal pharmaceutical patent grants from grassroots innovations during 2021 to 2022 incubated by National Innovation Foundation-India. The implications of pharmaceutical grants with respect to Section 3 (d) were elaborated. Results: It was encouraging to note that 24 percent of these applications were accorded with herbal pharmaceutical product patent grants. The study observed that on an average these applications received grant by seven years with a prosecution period of 19 months. Conclusion: These features reflect evolving nature of IP regime in dealing with herbal pharmaceutical patent applications as India is recognized as an innovation economy. The contribution of green grassroots innovation in public health care is illustrated.