India’s traditional knowledge is vast and deeply rooted in its cultural heritage. From the ancient practices of Ayurveda and Yoga to systems like Unani, Siddha, and Sowa Rigpa, this knowledge reflects centuries of communal experimentation and refinement. The question that often arises is whether such knowledge can be patented in India. The short answer is that traditional knowledge itself cannot be patented because it lacks novelty and inventive step. However, India has taken remarkable steps to ensure that its heritage is protected from misappropriation, with the Traditional Knowledge Digital Library (TKDL) playing a central role in this effort.
Why Traditional Knowledge Cannot Be Patented
Traditional knowledge refers to skills, practices, and cultural expressions passed down through generations within communities. This may include herbal remedies for common ailments, the therapeutic use of plants, ancient yoga postures, and techniques preserved in manuscripts or oral traditions. Although rich and valuable, this knowledge is often invisible to modern patent systems, which require documented prior art in formats accessible to examiners. Unless properly documented, there is always the risk of individuals or companies claiming patents over what communities have long known and practiced.
The patent system is designed to reward novelty and inventive step. Granting a monopoly over something that is already known, such as the medicinal use of turmeric or neem, would unfairly block communities from using their heritage. Cases of “biopiracy” have shown how vulnerable traditional knowledge can be in the absence of proper defensive measures. The well-known disputes involving turmeric wound healing properties and neem-based compositions highlighted the need for India to act decisively to prevent such erroneous patents.
This blog is a part of our The Ultimate Guide to Intellectual Property Law Blogpost.
Indian law addresses this challenge in two ways. First, traditional knowledge that is publicly known cannot meet the requirements of novelty and inventive step, making it ineligible for patent protection. Second, the Patents Act contains exclusions that specifically bar claims based on existing knowledge or the mere discovery of natural properties. The Indian Patent Office has also issued examination guidelines to ensure that patent applications involving biological material and traditional knowledge are assessed carefully, with examiners required to check TK sources before granting protection.
The creation of the Traditional Knowledge Digital Library is one of India’s most significant contributions to the global IP landscape. The TKDL translates ancient texts, manuscripts, and oral traditions into English and other international languages, classifying them according to modern patent systems so that they can be used as prior art. Patent offices around the world now have access to the TKDL under confidentiality agreements, which means that examiners can easily search the database when assessing claims. By documenting traditional knowledge in a language and format that the patent system understands, India has effectively blocked thousands of potential misappropriations. The TKDL does not grant ownership rights but ensures that no one can monopolize heritage knowledge through patents.
Challenges, Limitations, and the Way Forward
Several landmark cases illustrate the importance of this approach. In the United States, a patent had been granted for the use of turmeric in wound healing. When challenged with evidence from traditional Ayurvedic texts, the patent was revoked, affirming that the use was already known in India. Neem patents faced similar fates when prior art evidence demonstrated that Indian communities had long used neem extracts for agricultural and medicinal purposes. These victories became rallying points for India to strengthen its strategy against biopiracy and directly inspired the creation of the TKDL.
Although the TKDL has been highly successful, it is not without limits. Its focus has traditionally been on medical systems such as Ayurveda and Unani, which means that other forms of traditional knowledge, such as craft techniques, culinary practices, or festival arts, are less comprehensively represented. Access to the full database is also restricted to patent offices, which ensures confidentiality but raises debates around transparency and public availability. Importantly, the TKDL serves as a defensive mechanism. Communities seeking to benefit from their heritage often need to rely on other forms of IP such as geographical indications, trademarks, or design registrations to capture value.
For inventors and businesses working with traditional materials, the challenge is to demonstrate how their innovation goes beyond what is already known. A herbal product, for example, may still be patentable if it involves a novel and non-obvious formulation supported by scientific data. Policymakers continue to update the TKDL, incorporating new digital tools and even artificial intelligence to improve classification and accessibility, ensuring that it remains relevant in the years to come.
India’s approach makes it clear that traditional knowledge itself is not patentable, but it can and should be safeguarded. The TKDL has become a model for other countries and international organizations, demonstrating how ancient knowledge systems can be preserved in modern formats to prevent exploitation. By documenting, translating, and sharing this knowledge in a structured way, India ensures that its cultural heritage remains a shared legacy rather than an object of private monopoly.
The balance struck by India is delicate but necessary. On the one hand, the country defends its traditions against misappropriation; on the other, it allows for innovation that builds upon tradition in ways that are genuinely inventive. The story of TKDL and traditional knowledge in India is therefore not just about intellectual property. It is about cultural pride, global leadership in safeguarding heritage, and the recognition that innovation and tradition can coexist when carefully managed under the law.
