We are currently developing a new site to host the Patent Manual of Practice and Procedure. The BETA version of this site is now available for you to review. The information and content displayed in the BETA site is only available for testing purposes. Do not use or reference the information in the BETA site when making any decisions or actions regarding IP rights. Re-Examination in Light of the Traditional Knowledge Digital Library (TKDL)

Date Published

The TKDL (http://www.tkdl.res.in/) is an Indian digital knowledge repository of traditional knowledge. It includes information about medicinal plants and their formulations as used in traditional Indian systems of medicine.

The database was established in 2001 as a collaboration between the Council of Scientific and Industrial Research (CSIR) and the Department of Ayurveda, Yoga, Naturopathy, Unani, Siddha and Homeopathy. The database contains information on about 250,000 medicinal formulations (in 2019).

IP Australia and TKDL entered into an access agreement in 2011. Under the agreement, IP Australia has access to the database for searching purposes. Additionally, TKDL staff can advise IP Australia of TKDL documents they consider relevant to the patentability of an application that has been advertised as accepted.  The notification will be sent to Patent Oppositions in the form of either an email or a letter.

The email/letter will be addressed to the Assistant General Manager (OEP) and will, at least, contain the Australian patent/application number, relevant patent claim numbers and the TKDL Database Accession number.

Patent Oppositions will acknowledge receiving of the notice of relevant documents. The Commissioner will then decide if re-examination is warranted, based on the TKDL documents. If it is decided that a re-examination is not necessary, TKDL still have the option of requesting re-examination under sec 97(2).

Back to top