Comments on: U.S. Patent Office Gains Access to Traditional Knowledge Digital Library (TKDL)

By: Dan Ballard

Dan Ballard — Sat, 23 Jan 2010 03:51:07 +0000

In response to my Freedom of Information Act request, the USPTO produced the Agreement and Memorandum of Understanding between the US and India controlling the USPTO’s access to India’s traditional knowledge database. The documents are here: http://j.mp/6Zxqq8 .

I haven’t thought it all the way through, but is anyone else concerned that patent applicants are forbidden from accessing the database that US Examiners will now be mining for prior art?

By: Editor

Editor — Wed, 09 Dec 2009 15:06:48 +0000

Dan,

I agree with you, the word biopiracy has very negative connotations and it is misleading. I will make a note in the text to try to clarify.

Editor

By: Dan Feigelson

Dan Feigelson — Wed, 09 Dec 2009 06:53:21 +0000

I wish you’d refrain from using the word “biopiracy”. No matter what patents Grace received, it couldn’t have prevented others from doing what they’d been doing (allegedly) for thousands of years. Conversely, “traditional knowledge” should not necessarily preclude a company that invests in identifying and isolating a particular active component from obtaining patent claims of appropriate scope and kind – particularly when, after so much time, no one else has isolated or characterized that active. That term “biopiracy” sounds more like “sour grapes” to me.

By: Stephen Albainy-Jenei

Stephen Albainy-Jenei — Fri, 04 Dec 2009 15:00:04 +0000

I think that, on its face, having access to the TKDL is a good thing that can help ensure that only valid patents are issued.

On the flip side, my fear is that such a directory will be used in a heavy-handed way to reject many deserving patents, particularly using the ubiquitous obvious rejection.

In my mind, the critical issue is how the information is applied.

Ed.

By: Fred

Fred — Thu, 03 Dec 2009 17:33:05 +0000

FTA: “The new database, developed jointly by India’s Council of Scientific & Industrial Research (CSIR) and the Department of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homeopathy (AYUSH), includes over 200,000 traditional medicine formulations on Ayurveda, Unani and Siddha comprising 30 million pages.”

Homeopathy? Homeopathy claims should be rejected under 35 USC 101 as lacking utility.