Neem fungicide patent (revoked)

Background

Neem seeds and leaves have long been used in India as a pesticide and fungicide. In 1994 the European Patent Office granted patent EP 436257 to W. R. Grace and the US Department of Agriculture for controlling fungi on plants with a neem-oil extract. In 1995 an opposition was filed by Vandana Shiva's Research Foundation for Science, Technology and Ecology, the International Federation of Organic Agriculture Movements and Magda Aelvoet, then president of the Green group in the European Parliament.

Significance

The EPO revoked the patent in 2000 for lack of novelty, after testimony that the same process had been used in India before the filing date. The decision was upheld on appeal in 2005. It became one of the best-known cases in which prior public use, not only published documents, defeated a patent on traditional knowledge.

Meanwhile in the West

US Department of Agriculture and the company W. R. Grace.

Fair to say

A real, high-profile Western patent on Indian traditional knowledge — subsequently revoked.

Path to modern innovation

A defining biopiracy case that spurred systematic documentation of traditional knowledge.

1994Neem fungicide patent (revoked)

• 2001Traditional Knowledge Digital Library (TKDL)
  • 2010TKDL documentation of yoga postures

Builds on

• 1,000 BCEMedicinal plant pharmacopoeia

Global impact

• Brought the term 'biopiracy' into mainstream European and international policy debate.
• With the turmeric case, led India to create the Traditional Knowledge Digital Library.

Transmission

Opposed by Indian and European campaigners; the EPO revoked it (2000) and dismissed the appeal on 8 March 2005.

References

• 1EPO EP 0 436 257
• 2Nature (2000)
• 3EPO decision (2005)

Further reading

• 4Wikipedia: Azadirachta indica
• 5nature.com
• 6The Neem Patent Case - Patent - India

Related

Diamond v. Chakrabarty (patenting life)