IPR Issues Relating to Agri sector

Basmati (Rice Tec Patent) case

Rice Tec basmati Patent case is one of the major issues in the area of intellectual property rights, which has drawn attention of the world. There are many areas of IPR, which is connected to this particular case. It is not a mere case of patent but also involves the violation of geographical indicators. The term Basmati is associated with the particular type of rice grown in Punjab, Haryana, Uttar Pradesh. Basmati is a major crop of Pakistan also.

In 1997, an American company Rice Tec Inc gained a patent for the aromatic rice grown in India known as 'Basmati'. This has led to many controversies and has become a issue of national interest especially when it posed a grave treat to 45,000 tonne US import market for basmati, which forms 10 percent of the total Basmati exports, and also its position in crucial markets like the European Union, the United Kingdom, Middle East and West Asia.

The patent on Basmati is believed to be a violation of Intellectual Property Right of the long grain aromatic rice grown only in Punjab, Haryana, and Uttar Pradesh popularly known as Basmati.
The government of India challenged the patent through Agricultural and Processed Food Exports Development Authority (APEDA). It was challenged on technical grounds of novelty, usefulness and non-obviousness. An application for patent re-examination was filed before the U.S. Patent and Trademark Office (USPTO)

India Challenged three Claims (15, 16 and 17) of Rice Tec’s patent. These claims were basically relating to grain quality such as elongation in cooking and aroma of basmati grain. Rice tec however withdraw 4 claims (4,15,16,17) out of 20 including the tree claims objected by India.  APEDA trough Government of India reported to Supreme Court that they are not interested to contest the matter any further as the Rice Exporters interest have been protected by the withdrawal of four claims.

Further USPTO went on to struck down the Claims 1-7, 10, 14-20. of Rice Tec patent and now patent has the validity pertaining to claim nos 8, 9, 11 12 and 13, only, after amendments
Details of basmati patent and claims available at USPTO site

http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&p=1& u=%2Fnetahtml%2FPTO%2Fsearch-bool.html&r=24&f=G&l=50&co1=AND&d=PTXT& s1=basmati&OS=basmati&RS=basmati

Last updated on: 22-12-2007