Case Study Of Patent Of Neem And Turmeric.

         

Here, I will make you know about the Copy of the Patent of Neem and Turmeric and also the history behind it. So, initially let's understand what Patent means? 

A patent is a legal document that grants an inventor with a right to an invention.

A) Copy of the Patent of Turmeric-

          In 1995, two emigrant Indians at the University of Mississippi Medical Centre were granted the U.S. Patent on the Use of Turmeric to Heal the Wound. The claim that covered was “A method of expanding healing of a wound by administering Turmeric to a patient persecuted with a wound”. This patent also permitted them the exclusive right to sell and distribute Turmeric. Originally, this news was disbelief and amazed by many people in India. 

         In India, Turmeric has been “A traditional grandmother’s remedy”, applied to scrapes of kids as well as to elders as an Anti-Parasitic agent and to deal with the common cold for ages. It is also used as an integral component in many Indian dishes. It is a part of ancestral belief. 

         Then, the query was how could someone get an exclusive right to sell and distribute Turmeric? 

So in 1996, The Council of Scientific & Industrial Research (CSIR) New Delhi, India; requested the US Patent and Trademarks Office (USPTO) to cancel the patent but CSIR did not accomplish to provide it but fortunately, it could provide documentary evidence of traditional information including ancient Sanskrit text and a paper was published in 1953 in the Journal of the Indian Medical Association. 

The patent was withdrawn in 1997, after verifying that there was no newness.

B) Copy of the Patent of Neem-

         The Neem tree is a huge tropical evergreen that can grow up to 30 meters big and 2.5 meters in circumference. The actual origin of the tree is unknown, it is found in many different countries but in India, it is most widely spread; the subcontinent is calculated to contain approximately 18 million Neem trees.

         The first U.S. patent on storage-stable writing for Neem seed extract was handed out in 1985 to an inventor named Mr.Robert O. Larsson. The patent was expanded by The U.S. Company W.R. Grace who built upon this information and created a storage-stable Neem formulation which improved the shelf-life of the pesticides to up to 2 years. For this, they were granted the two co-dependent US patents in 1991 and 1992 respectively.

W.R. Grace in partnership with America as represented by The Secretary of Agriculture jointly filed a Patent Application for the formulation with the EPO, who after a long drawn out inspection process granted the applicants the patent in 1994 but the patents granted to W.R. Grace in Europe and the U.S. bothered a lot of feelings in India and amongst many CSOs who felt that W.R. Grace had claimed for their own knowledge, which referred to the people of India. Another great fear was that the Traditional use in India would finally be seen as patent infringement if they were to gain a patent in the country. 

         The US-based Foundation on Economic Trends organized and filed an inquiry for re-examination on the grounds that the invention lacked non-obviousness in the prior art which was represented in India. The inquiry was turned down due to the geographical limitation in the U.S. patent constitution worrying prior use. 

         When it came to the topic of newness, The opposition division found that “when” and “where” of alleged initial usage has taken place in 1985/1986 in the Pune and Sangli Districts of Maharashtra, Western India. The opposition division had based this on the declaration and statement of Mr.A.D. Phadke.  Mr.Phadke who was an observer on behalf of the opponents is an Indian agronomist who had without claiming patent safety, evolved a commercial Neem product in India.

          The patentees petitioned against this decision and the Boards of Appeal of the European Patent Office submitted its final decision on March 8th, 2005. Ownership of the patent had been transferred from W.R. Grace to another US company that is Thermo Trilogy Corporation. 

         An article was broadcasted by H.B.Singh and U.P.Singh at Australian Plant Pathology in the year 1981 and is named as “Effect of Volatiles of Some Plant Extracts and their Oils on Conidia of Erysiphe polygons DC”. One of the plant extracts discussed in the article was Neem oil, it also tells us the Antifungal effect of the Neem extract. The board found that the document revealed the use of an extract of Neem oil as fungicidal on plants. Moreover, the document does not reveal the presence of an emulsifying surfactant in the formulations employed. The board, therefore, found that the claims of the patent were to be regarded as a tale over the topics of the article.

         The next step for the board was to study creativity. After examining the procedure outlined in the article and in the patent claim, the board reached the decision that the patent should be repealed for lack of creative step. Thus the patent was finally withdrawn.

Here are some hidden benefits that are very essential to our body:

9 Benefits of eating NEEM-

1) It is the best supporter of skin health.

2) It normally cleans all the blood flowing towards the organs.

4) It helps in purification of the blood.

5) It also plays a vital role in maintaining the health of our respiratory system.

6) Neem acts as an astringent and it is also tonic. 

7) It is applied to the body's natural wound as it has a healing ability.

8) Having neem regularly also heals the circulatory and digestive system.

9) It has detoxifying benefits as well. As it helps to protect the healthily urinary system.

6 Benefits of having TURMERIC in diet -

1) Turmeric plays a major role in reducing depression symptoms. Yes, it acts as an Antidepressant agent.

2) It protects the liver; as it is an antioxidant. It helps in the removal of the toxins.

3) It relieves the flu. It is an Anti-bacterial, Anti-viral, and has elements that cure a cold.

4) It stimulates the gall bladder and helps it to empty itself. Thus it prevents gall stones.

5) It acts as a Natural Painkiller. It is an Anti-inflammatory too!

6) It prevents Obesity as well.

Thank you!