10 April 2014

2 Probiotics are Live microorganisms which when administered in adequate amounts confer a health benefit on the host. Probiotics have been shown to have beneficial effects against various diseases and disorders, most common are: Gastrointestinal disorders Allergies- Skin, respiratory, food Cardiovascular diseases Metabolic disorders like Diabetes Obesity and overweight Urinogenital infections Kidney disorders Neurological disorders.

10 April Inventions in the field of probiotics include  Method for isolating/extracting/conditioning/modifying live micro-organisms including various strains of bacteria and yeast  New strains of bacteria and yeast  Compositions/formulations/products comprising micro- organisms  Use of probiotics

10 April The relevant sections of the Patent Act applicable for ascertaining patentability of probiotic related invention are:  Section 3(c): the mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature.

10 April  Section 3(d): the mere discovery of a new form of a known substance, which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.

10 April  Section 3(i): any process for the medicinal, surgical, curative, prophylactic [diagnostic, therapeutic] or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products;

10 April  Section 3(j):plants and animals in whole or any part thereof other than micro organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;  Section 3(p): an invention which, in effect, is traditional knowledge of which is an aggregation or duplication of known properties of additionally known component or components.

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9 Applicable international classes(IPC) for probiotic related Inventions : A23C A23L A23K A47G A61K A61L A61M A61P Other related classes : C12N C12P C12Q C12R

10 April  Data Base Searched: Indian Patent Office  Time span: From to  Patents searched were normalized manually for devices for delivering probiotics and probiotics as animal feed.  Note: PCT applications which have designated India but have not entered National phase are not included.

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10 April  New microbial strains  Probiotic formulations for preventing /treating various diseases  Probiotic compositions as targeted drug delivery system  Fortification of food stuffs with probiotics eg: corn, soyabean, coffee beans  Kits for administering probiotics

10 April  Probiotic is still an underexplored field in India.  Total number of patents granted in the field of probiotics are 42 and total number of published applications are 207.  A major portion of patents granted and published patent application are national phase applications.  Nestec S. A.,the global leader in patent filing, continues to dominate the Indian patent filing.  In India the government funded research establisment CSIR, leads the patent filing.

10 April  Applicants should ascertain, that the subject matter in respect of which a patent is sought, does not fall under the exclusions mentioned in The Patent Act.  Deposition of the microorganism isolated/ conditioned/ extracted/modified should be at MTCC Chandigarh or Pune.  Applicants are advised to follow guidelines forguidelines for examination of Biotechnology applications for patents examination of Biotechnology applications for patents released by Indian Patent Office.

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