Publications
 
Deletion of  specific clauses in Basmati patent no. 5663484 (97) of  
United States Patent and Trademark Office (USPTO).
 
 Technology Transfer & Business Development, 
Central Food Technology Research Institute, Mysore
 

Basmati rice, also called "scented pearl", holds a place of pride throughout the world. It is associated with Indian history, culture and food habits. It is grown in the Punjab, Haryana and Western Uttar Pradesh. It is also exported to the United States, Europe and Arabian countries. 
  
Scientists at Rice Tec Inc, USA, a Texas based company, filed a patent in the US Patent and Trademark Office (USPTO) in 1994, claiming the invention of a novel strain of rice plants, lines and grains. This patent was granted No. 5663484 in 1997 by the USPTO.  

The patent application had a list of 20 claims, of which claims No. 15, 16 and 17 related to novel 'grain' of rice, bred by the company, wherein the starch index (a sum of per cent amylose and alkali spread value) which decides the texture, the 2-acetyl-1-pyrroline content (a chemical relating to the characteristic aroma of Indian Basmati rice), the length and width of the grains (a measure of grain dimension) were estimated, range values were given for above characteristics along with burst index (a measure of integrity of cooked rice grains). The firm claimed that the grain developed by its scientists was unique. 

At this point a high level technical committee comprising of experts and policy makers was formed to look into the novelty and prior art of the patent, as Basmati rice strain is grown for centuries in India. The committee approached Central Food Technological Research Institute (CFTRI), in Mysore, a premier National Laboratory of CSIR, and also ICAR to prepare a case for presenting to the USPTO for reexamination of the patent granted to the US firm. 
  

  
At CSIR under the able guidance of Dr. R.A. Mashelkar, Director General, CSIR and at ICAR under the coordination by Dr. R.S. Paroda, Director General, ICAR along with Prof. Siddiqe (Retd. Scientist of ICAR) and under steering by Dr. V. Prakash, Director, CFTRI, the team CFTRI screened several research papers; reports; proceedings of seminars; conferences; symposia; journals; newspapers; and archives for relevant supporting information to establish the existence of prior art in this area in India. 

Extensive work relating to rice grain quality carried out at CFTRI over the last few decades and the experience gained there-from came in handy in preparing the relevant documentation. Several research publications by the scientists of CFTRI in this area during 1960-1990 were studied, data assimilated and compiled in support of existence of the prior art. In addition, several varieties and lines of Basmati rice grown in different parts of the country were analysed for starch index, grain dimensions, proportions of 2-acetyl-1-pyrroline, chalk index and burst index of cooked grains. The results of this exhaustive analyses, carried out by the scientists of CFTRI helped clearly establish with authenticity that the claims Nos. 15, 16 and 17 of the US Company for novelty could be challenged. The input from ICAR ensured the agricultural aspects, which completely backed up for the above argument. 

The studies established that the characteristics and their range claimed as novel in the US patent, were the same as the ones existing in the Basmati variety of rice grown in India since time immemorial. 

The documentary evidence against the claim of novelty generated was so strong enough and convincing that its submission to the USPTO made the Rice Tech Inc., withdraw the above claims. The company also withdrew yet another claim relating to chalk index (claim No. 4) in its patent application. 

 The total dedication and the team work of CFTRI scientists, with the strong support of Director General, CSIR; Director General, ICAR; and colleagues at CFTRI, the Patent Cell in CSIR and DRR, Hyderabad have resulted in a significant victory in the field of Intellectual Property Rights, that has made the country proud. 

This exercise in protecting IPR has boosted the morale and confidence of the scientists of the country to fight any unjustifiable claims made by individuals or companies or industries anywhere in the world in the arena of intellectual property rights especially documented as proved traditional knowledge and traditional practices. This has also demonstrated that proper documentation of scientific data, their quick retrieval and proper presentation can go a long way in protecting the Intellectual Property of India and its people.