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LatestIP And Trademarks 6 July 2026

Herbal Patent Law Explained

Delhi High Court explains herbal patent law, Section 3(p), inventive step, traditional knowledge and patentability in Shaafi Naturcure case, the court has clarified the laws related to patenting traditional knowledge and herbal products, the decision has significant implications for companies and individuals involved in the development and marketing of herbal products, the court's interpretation of Section 3(p) of the Patents Act will impact the way traditional knowledge is protected and utilized in the pharmaceutical and cosmetic industries

The Delhi High Court has explained the laws related to herbal patent law in the case of Shaafi Naturcure LLP v. Assistant Controller of Patents.
The court's decision has clarified the meaning of Section 3(p) of the Patents Act, which deals with traditional knowledge and patentability.
- The court has held that traditional knowledge is not patentable if it is already in the public domain.
- The court has also emphasized the importance of the inventive step in determining patentability, the decision is expected to have significant implications for companies and individuals involved in the development and marketing of herbal products, particularly in the pharmaceutical and cosmetic industries

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