The Hindu Business Line : Corporates show big interest in plant-based patents

AVESTHA Gengraine, JB Chemicals & Pharma Ltd, Synit Drugs and Asgrow Seed Company are among a growing number of corporates that are exploiting the potential of plants and seeking patent protection in India in recent years.

The Council for Scientific and Industrial Research (CSIR), with its string of 38 national laboratories, has also shown high interest in plant-based research. It has applied for 55 patents, out of the total of 484 filed with the Indian Patents Office during 1994-2004.

In sheer numbers Avestha Gengraine (19), JB Chemicals (11), Synit Drugs (10) and Asgrow Seed (9), were the major claimants, especially for plant extracts and their applications.

The significance of plant protection in the Indian context can be understood by the fact that the country is home to more than 45,000 plant and 75,000 animal species.

Interestingly, a majority of the patent claims made by these corporates and the CSIR labs related to rice and neem plant species. These are followed by tea and mustard, says a study by the Patent Facilitating Centre of the Technology Information Forecasting Assessment Council (TIFAC).

Other plant or plant derived product compositions that found interest were tomato, acacia, bamboo and pea. Currently, it is not possible to get a plant patent in India. New plant varieties can be protected through a registration under the Plant Varieties Protection Act. With India becoming a member of the World Trade Organisation, from January 1, 1995, it was required to comply with the Trade Related Aspects of the Intellectual Property Rights agreement.

Specifically, Article 27.3 (b) requires member-countries to protect plant varieties either by patents, or by an effective sui generis system. India adopted the system for plant varieties protection, with Parliament enacting the Protection of Plant Varieties and Farmers Rights Act of 2001. It was intended to both protect and encourage development of new varieties.

In contrast, the US and other countries offer plant patents. Indian horticulturists, Mr G. Parthasarathy and Mr P. Mukundan obtained a US patent as early as October 1998, for two hybrid varieties of ornamental plants developed by them. They were called the Jewel of India and Emerald Star.

Similarly, the Lucknow-based Central Institute for Aromatic and Medicinal Plant was awarded a US patent in August 2001 for developing a new hybrid variety of mint or Mentha. The variety was called `Neerkalka'. These are examples to show that the Indian plant breeders are aware of the protection available in foreign countries, the TIFAC study reported.

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