The Patent Act provides protection only for new, novel, and useful products or processes in India. A patent holder receives exclusive rights to their invention for a limited period. In contrast, Indigenous intellectual property encompasses the knowledge, practices, beliefs, and philosophies unique to each indigenous culture as part of their way of life since time immemorial. Indigenous peoples emphasize the collective rights of communities over their intellectual properties. However, there are challenges in using intellectual property rights (IPR) laws to protect the rights of indigenous peoples. Much of indigenous knowledge is classified as traditional knowledge and often does not meet the criteria for patentability, such as novelty, utility, and inventive step. Since patents are available only for new subject matter, they cannot be applied to traditional knowledge that already exists. Additionally, there are cultural barriers to claiming ownership of knowledge related to genetic and biological resources originating in indigenous knowledge systems. The existing legal framework often conflicts with the forms and expressions of indigenous knowledge and the requirements for patentability. Indigenous peoples and local communities generally protect their intellectual property collectively, which creates practical difficulties in applying for patents. Furthermore, Section 3(p) of the Patent Act excludes traditional knowledge from patentability to safeguard the public domain.
