During his stay for sociological research at tribal populated area of State A among tribal people, Mr. X discover that the indigenous community are immune from mosquito related infections and diseases. On testing the blo

Section 3(p) of the Patents Act, 1970 provides that an invention which effect, is traditional knowledge or which is an aggregation is or duplication of known properties of traditionally known component or compounds is not an invention. Traditional knowledge being knowledge already existing is not patentable. An example is the antiseptic properties of turmeric for wound healing. Another example is the pesticidal and insecticidal properties of neem. The examiner conducts an investigation by using the Traditional Knowledge Digital Library (TKDL) and other resources to decide as to whether the claimed subject matter falls within the purview of the above provision. However, if there is a substantial improvement in the existing Traditional Knowledge (TK) which enables the invention to fulfil the criteria under the Indian Intellectual Property (IP) Law, Intellectual Property protection can be sought. The key issue in protecting Traditional Knowledge is prior knowledge of the innovation as much of Traditional Knowledge is already in public domain being passed on orally or through documentation through generations. This makes most Traditional Knowledge ineligible for IP protection as majority of information is already part of "prior art" and therefore there is very little in terms of novelty which can be established for patent protection. Traditional Knowledge is an integral part of strength of local community knowledge. Attempts to exploit TK owned by local communities, for industrial or commercial benefit is a major issue as it is unfair exploitation of knowledge owned by local communities, as IP protection creates monopoly of patent owners. Governments the world-over including India have enacted laws to prevent such unfair exploitation of TK. Indian law has adequate provisions for the protection of TK. Traditional knowledge, by its very definition, is in the public domain and hence, any application for patent relating to TK does not qualify as an invention under section 2 (1) (j) of the Patents Act, 1970, which defines that "invention means a new product or process involving an inventive step and capable of industrial application".