On the occasion of National Ayurveda Day, observed on September 23, 2025, the Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) released the Guidelines for the Examination of AYUSH-Related Inventions. These guidelines aim to provide clarity and direction to applicants, examiners, and stakeholders involved in Ayurveda, Siddha, Unani, Sowa-Rigpa, Homoeopathy, Yoga, and Naturopathy-related inventions.
The guidelines aim to streamline the process of filing and examining patent applications related to AYUSH-based products, devices, nutraceuticals, and value-added formulations, while ensuring alignment with the Patents Act, 1970, Patents Rules, 2003, and the Biological Diversity Act, 2002.
The key highlights of the Guidelines are:
- Patentability Assessment: Inventions must meet the criteria of novelty, inventive step, and industrial applicability.
- Protection of Traditional Knowledge: Applications must be evaluated using the Traditional Knowledge Digital Library (TKDL) and other authoritative databases to prevent misappropriation of India’s traditional knowledge.
- Disclosure Requirements: Accurate disclosure of biological resources and their geographical origin is mandatory, and non-compliance may lead to refusal, opposition, or revocation.
- Guiding Principles for Examination: Guiding principles along with illustrations have been provided for assessing the patentability of AYUSH-related inventions with respect to the requirements of novelty, inventive step, and synergistic effect.
These guidelines strike a balance between protecting traditional knowledge and promoting modern research and innovation. They provide clarity to researchers, start-ups, and companies working in AYUSH, ensuring that authentic innovations can secure patent protection while safeguarding India’s heritage knowledge systems. This marks a critical step in strengthening India’s IP regime for AYUSH, bolstering both domestic innovation and global recognition.
The Guidelines issued by the Office of CGPDTM can be accessed here: https://ipindia.gov.in/uploads/48750b1a-6e7e-481f-a6ff-ec5804cfdb78_Guidelines%20for%20Examination%20of%20Ayush%20Related%20Inventions.pdf