title: Herbal drug patenting in India: IP potential.
abstract: BACKGROUND
  Herbal drugs are gaining worldwide prominence due to their distinct advantages. Developing countries have started exploring the ethnopharmacological approach of drug discovery and have begun to file patents on herbal drugs. The expansion of R&D in Indian herbal research organizations and presence of manufacturing units at non-Indian sites is an indication of the capability to develop new products and processes. The present study attempts to identify innovations in the Indian herbal drug sector by analyzing the patenting trends in India, US and EU.
  
  
  METHODS
  Based on key word and IPC based search at the IPO, USPTO, Esp@cenet and WIPO databases, patent applications and grant in herbal drugs by Indian applicants/assignees was collected for the last ten years (from 1st January 2001 to 31st October 2010). From this collection patents related to human therapeutic use only were selected. Analysis was performed to identify filing trends, major applicants/assignees, disease area and major plant species used for various treatments.
  
  
  RESULTS
  There is a gradual increase in patent filing through the years. In India, individual inventors have maximum applications and grants. CSIR, among research organizations and Hindustan Unilever, Avesthagen, Piramal Life Science, Sahajanand Biotech and Indus Biotech among the companies have the maximum granted patents in India, US and EU respectively. Diabetes, cancer and inflammatory disorders are the major areas for patenting in India and abroad. Recent patents are on new herbal formulations for treatment of AIDS, hepatitis, skin disorders and gastrointestinal disorders.
  
  
  CONCLUSIONS
  A majority of the herbal patents applications and grants in India are with individual inventors. Claim analysis indicates that these patents include novel multi-herb compositions with synergistic action. Indian research organizations are more active than companies in filing for patents. CSIR has maximum numbers of applications not only in India but also in the US and EU. Patents by research organizations and herbal companies are on development of new processes for active compound isolation and standardization of such components in addition to new compositions for therapeutic use. Pharmaceutical companies such as Ranbaxy, Lupin and Panacea Biotec are increasingly patenting on herbal drugs. There is increased patenting activity related to diabetes, cancer, cardiovascular diseases, asthma and arthritis in India and abroad.
authors.affiliation: Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur, Kharagpur 721302, West Bengal, India.
authors.forename: Niharika
authors.initials: N
authors.lastname: Sahoo
authors.forename: Padmavati
authors.initials: P
authors.lastname: Manchikanti
authors.forename: Satya Hari
authors.initials: SH
authors.lastname: Dey
mesh_terms: D004059:Diffusion of Innovation; D055808:Drug Discovery / Q000331:legislation & jurisprudence* / Q000639:trends; D004345:Drug Industry / Q000331:legislation & jurisprudence* / Q000639:trends; D020834:Ethnopharmacology / Q000331:legislation & jurisprudence* / Q000639:trends; D005060:Europe; D006801:Humans; D007194:India; D007880:Legislation, Drug / Q000639:trends; D008519:Medicine, Traditional / Q000639:trends; D010330:Patents as Topic; D028321:Plant Preparations / Q000627:therapeutic use*; D010946:Plants, Medicinal; D013997:Time Factors; D014481:United States
chemical_list: D028321:Plant Preparations