The document discusses patents and intellectual property rights (IPR) related to natural products and pharmacy. It defines a patent as a grant given by a state to an inventor that gives exclusive rights to make, use, and sell an invention for a limited period. It outlines the objectives, criteria, application process, opposition process, and revocation process for obtaining a patent in India. It provides examples of patentable and non-patentable natural products and inventions related to herbal formulations, isolated compounds, new uses of herbal constituents, modified natural compounds, and novel extraction processes.

1. AL
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BY

2. WHAT IS PATENT -
It is a grant by a state to an inventor or to his assignee ,
giving exclusive rights to make, use, exercise and vend
the inventions for a limited period, in exchange for
disclosure in a patent specification.( contract b/n a
nation and inventor)
Patentee - A claimer of the patent

3. • IPR-
An investor , having spent huge money and efforts ,
requires a sort of protection for his intellectual
property. Such protection allows him to gain the
deserved incentive for his innovation/invention. IPR
provides such protection.

4. IPR
Defined as the Legitimate rights of the inventor
for protection of his intellectual property thus
excluding others from making, copying, using or
selling his proprietary subject matter

5. OBJECTIVES OF PATENT-
1.Giving a legal monopoly to the patentee to reap the
economic benefits from his invention.
2.Facilitating the improvements or providing the
alternative approaches to develop the new ideas or
and products.
3. Invention of new drugs

6. THE PATENT ACT 1970
According to the act:
1. A new invention
2. It should be new and non- obvious with
respect to
prior art
3. It must useful
4. Not previously in use in India
Invention , as per the act may be defined as any

7. PATENTABLE: ( From pharmacy)
1. New process of manufacture
2.NCE ( New chemical entities, after 2005)
3.New formulation processes
4. New composition of matter

8. • NON-PATENTABLE: (In INDIA)
• 1.Discoveries
• 2.Methods of detection, diagnosis or treatment of diseases
• 3. Analytical methods
• 4.Methods of agriculture/cultivation
• 5. The products made by Chemical synthesis
• 6.Animal,plant, and biological methods for growing and
rearing them

9. PROCEDURE FOR PATENTING :
STEPS
Filling an application
Examination of the application by the patents office
Opposition , if any to the claims of patent
Granting and sealing of the patent
Revocation of the granted patent

10. FILLING AN APPLICATION
A. Name, address and nationality of the applicant
B. Title, Name, address and nationality of the inventor,
if he is not the applicant or co-applicant
C. Specifications (provisional and complete) giving the
details of the invention
D. Claims, definition and scope of the invention

11. EXAMINATION OF THE APPLICATION
A. Prior approved patents or applications filed
B. Novelity
C. Usefulness
D. Nature of claims

12. Opposition:
A three month time period is given for any opposition.
Contrary claims can be filed and contested
Granting & sealing of patent :
In case of no opposition or clearing satisfactorily all
the objections by the applicant, patent is granted and
sealed by the patent office by publishing in the official
gazette.

13. Revocation :
The validity of the patent can be challenged in High
court under specified grounds. The patent will be
revoked if the court upholds the challenge
Validity of a patent :
Patent for food and medicines and drugs produced by
chemical processes
5 Years period from the date of Granting the patent
OR 7 Years period from the date of filing application
OR whichever is earlier

14. WHO CAN APPLY FOR PATENTS
1.By any person claiming to be the true and first inventor of the
invention
2.By any person being the assignee of the person claiming to be
the true and first inventor in respect of the right to make such
application
3.By legal representative of any diseased person who
immediately before his death was entitled to make such an
application

15. PATENTABLE NATURAL PRODUCTS
I. Formulation of new composition or improved
formulation is patented
Eg: Patented herbal antiallergic composition which
comprises a synergistic mixture of extracts from the
fruits of Terminalia chebula,bark of Albizia
lebbeck,Terminalia bellerica and Embblica officinalis
and process of preparation of such composition.

16. The present invention also contains the fruits of Piper
longum, piper nigraum and rhizomes of Zinger
officinalae and thoroughly mixed to get the final
composition which has potent antiallergic activity. The
preparation is useful for the treatment of allergic
conditions.

17. II. Patent for new use of the herbal constituents
Eg: The weight loss properties of Forskohlin (obtained from
the roots of Coleus forskohlli ) were discovered by the
firm ( Sabinsa corporation), in humans, which is not a
traditional use of the Coleus active. For this, the company
was gratentd a patent for its use and composition in
promotion of lean body mass, reduction of adipose
tissue (fat) and weight loss.

18. III. Modification or Synthesis of the natural compounds
Eg: The novel steroidal glycosides compounds which are
extracted and isolated from the extracts of plant of the
genus Trichocaulon or Hoodia containing an appetite
suppressant agent and the the derivatives of such
compounds are synthesized with the aim of increasing the
activity of the active ingredient. Also, this invention provides
novel intermediates for the synthesis of active compound .

19. The active ingredient in the Hoodia gordonil plant is
called P57 and is responsible for its appetite suppressant
qualities. Phytopharm, a British pharmaceutical company,
has the exclusive patent on P57

20. IV. A Novel isolation process ;
Eg; For the process of isolation of Azadirachtin
(fungicidal activity) from the seeds of neem and also its
storage. N.C.L, Pune, Indian patent
V. A new application of an isolated compound
Eg; For the use of turmeric as a stabilising agent for
menadione, an antifungal agent. Japanesh patent.

21. VI. The inventions with novelties:
Eg; Bio-pesticides
VII. Biotechnology related products
VIII. Purification of the natural products