Question Details

Who among the following challenged the patent right granted to the University of Mississippi Medical Center for 'use of turmeric in wound healing' ?

Options

A

Mr. Ajay Phadke

B

Ms. Vandana Shiva

C

Dr. Venugopalan

D

Dr. R.A. Mashelkar

Show Answer

Correct Answer :

Option D

Dr. R.A. Mashelkar

Solution :

The correct option is Dr. R.A. Mashelkar.

Here is a detailed, step-by-step explanation of the historical context and the challenge to the turmeric patent:

1. Background of the Turmeric Patent:
In 1995, the United States Patent and Trademark Office (USPTO) granted a patent (Patent No. 5,401,504) to the University of Mississippi Medical Center for the "use of turmeric in wound healing." The patent gave them exclusive rights to market and license turmeric-based wound-healing products.

2. The Issue of Prior Art:
Turmeric (specifically, Haldi) has been used in Indian households for thousands of years as a traditional home remedy for healing wounds, cuts, and rashes. Under patent law, an invention must be "novel" (new) to be patented. Since the medicinal properties of turmeric were already part of India's traditional knowledge, the patent lacked novelty and was a clear case of biopiracy.

3. The Challenge Led by Dr. R.A. Mashelkar:
The Council of Scientific and Industrial Research (CSIR) of India, under the visionary leadership of its then Director-General, Dr. R.A. Mashelkar, decided to formally challenge the patent. Dr. Mashelkar spearheaded this landmark legal battle to protect India's traditional heritage.

4. Resolution and Patent Revocation:
CSIR presented ancient Sanskrit texts, historical documents, and published papers to the USPTO proving that the use of turmeric for wound healing was well-documented prior art in India. Based on this overwhelming evidence, the USPTO revoked all claims of the patent in 1997. This case established an important global precedent for defending traditional knowledge against unauthorized patenting.

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