Shaafi Naturcure LLP's application for a herbal composition patent dismissed due to lack of inventive step and traditional knowledge concerns.
In a significant ruling by the Delhi High Court, the patent application filed by Shaafi Naturcure LLP for a herbal powder composition aimed at treating asthma was dismissed. The court upheld the decision of the Assistant Controller of Patents and Designs, citing the lack of an inventive step, issues with traditional knowledge, and insufficient disclosure as the primary reasons for rejection.
The case revolved around the patent application for a composition comprising six herbal ingredients, purportedly offering a novel treatment for asthma. However, the court found that the combination of these herbs was obvious and lacked the necessary inventive step as per Section 2(1)(ja) of the Patents Act, 1970. The judgment noted that the optimal ranges of traditionally known ingredients discovered through routine experimentation do not constitute an inventive step.
Further, the application was rejected under Section 3(p) of the Patents Act, which deals with traditional knowledge. The court held that the aggregation of known therapeutic properties of the herbs used in the composition was an obvious combination, thus not patentable.
The court also addressed the issue of insufficient disclosure under Sections 10(4)(a) and 10(4)(b) of the Act. It was observed that the patent application failed to fully disclose the claimed invention and the best method of performing it. Additional data submitted via affidavit was also rejected as it was not implicitly disclosed in the original specification.
The appellant, represented by Mr. Kapil Kumar and Mr. Abhishek Jain, argued that the composition was novel due to the specific ratios of herbs and their effectiveness against various types of asthma. However, the court found no substantial evidence in the original patent application or the submitted affidavit to support these claims.
The court also clarified that the approval from the National Biodiversity Authority under the Biological Diversity Act does not impact the patentability criteria under the Patents Act.
Ultimately, the court dismissed the appeal, emphasizing that the invention did not meet the statutory requirements for patentability, reiterating the strict standards applied in evaluating patents related to herbal compositions and traditional knowledge.
Bottom line:-
Patent Law - Herbal powder composition for treatment of asthma rejected on grounds of lack of inventive step, traditional knowledge, and insufficient disclosure under the Patents Act, 1970.
Statutory provision(s): Sections 2(1)(j), 2(1)(ja), 3(p), 10(4)(a), 10(4)(b) of the Patents Act, 1970
