The Hindu : National : Yoga devices and accessories patented in United States

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Sunday, Aug 19, 2007
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Yoga devices and accessories patented in United States

Sandeep Joshi

As many as 168 patents granted; 3,700 trademarks await clearance

NEW DELHI: India might have succeeded in cautioning the U.S. Government against granting patents to yoga postures (asanas), but it has failed to ensure that devices and accessories used in yoga are not patented by the U.S. firms a nd individuals.

The United States Patents and Trade Mark Office (USPTO) database shows that it has granted as many as 168 patents to yoga-related devices and accessories used in conducting exercises that include yoga mattresses, grip blocks and yoga socks, besides some devices used for doing stretching exercises, Union Minister of State for Industry Ashwani Kumar has said in reply to a question in Lok Sabha.

“Similarly, there are about 3,700 trademarks on yoga accessories which have been listed in the database registered and pending trade marks by the USPTO. However, the U.S. organisation’s database does not show any pending case for grant of patent on yoga practised in steam room,” he said, adding that the Government has so far not taken up the issue with the U.S. Government.

After reports of patents being granted by the USPTO to yoga postures a few months ago, the Union Commerce and Industry Ministry had brought the matter to the notice of the Indian mission at Washington, which in turn took up the case with the U.S. Trade Representative. However, the U.S. Government clarified that no patent had been granted to asanas. Now the latest information reveals that the U.S. firms and individuals are busy patenting accessories and devices being used in conduct ing yoga.

Earlier setbacks

Earlier also India has suffered a setback when some U.S. firms and companies of other nations had succeeded in patenting some traditional knowledge related to spices. India’s Patent Office has already granted four patents relating to neem that are owned by foreign entities — Spice Science Foundation, Neem Pharmeco, Rohm and Hass (all of the U.S.) and Trifolio M Gmbh (Germany). Similarly, two patents on activity relating to germicidal values of turmeric are now owned by Johnson & Johnson Ltd. of the U.S. In order to protect bio-resources, India has made provisions in the Patents Act, 1970 for mandatory disclosure of source and geographical origin of the biological material used in the invention while applying for patents in India. Non-disclosure or wrongful disclosure of information is a ground for opposition and revocation of patent.

To protect traditional knowledge from being patented, provisions have been made under the Act to include anticipation of invention by available local knowledge, including oral knowledge, as one of the grounds for opposition as also for revocation. Similarly, an invention which is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components is also not patentable.

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