When the Indian Patent Office (IPO) released its “Guidelines for Examination of AYUSH Related Inventions, 2025,” it made clear that traditional systems of medicine now have a dedicated place within the world of intellectual property. AYUSH, an umbrella that covers Ayurveda, Yoga & Naturopathy, Unani, Siddha, Sowa-Rigpa, and Homoeopathy, has long been recognized for its heritage and practical wisdom. With wellness industries booming worldwide, the updated patent guidelines arrive at just the right time, helping innovators, startups, and established companies steer confidently between honoring tradition and protecting new discoveries.

Why Special Guidelines for AYUSH Are Needed

AYUSH systems have always been more than historical curiosities or alternative health practices. India’s wellness sector has grown rapidly, fueled by interest both at home and abroad. However, translating age-old knowledge into protectable, patent-worthy inventions can be tricky. One challenge is ensuring that inventors do not claim exclusive rights over remedies or processes that are already widely known and shared as traditional wisdom.

In the past, this gap led to bio-piracy, where foreign entities secured patents on substances, extracts, or formulations rooted in Indian traditions. The new guidelines put a spotlight on both protecting the public domain and encouraging genuine research. For the AYUSH sector, this offers not only clearer rules but also stronger defenses against exploitation and a nudge to go further than “what has already been written in the books”.

The Process: From Filing to Decision

The patent process begins with an application: inventors, their assignees, or legal representatives can file online or in person. The IPO then screens each application, giving it a classification code and publishing its details after 18 months, sooner if early publication is requested.

Patent examiners look closely at three main factors:

• Novelty: Is the invention new, or can it be found in ancient texts or databases like the Traditional Knowledge Digital Library (TKDL)?

• Inventive Step: Does the invention move beyond the obvious? E.g., a new dosage form, like a patch or nano-emulsion, must show improved results, not simply a different format. If the technical results are genuinely unexpected or synergistic (greater than the sum of parts), this gives the invention a better chance.

• Industrial Applicability: Can the idea be put to practical use on a meaningful scale?

In AYUSH-related filings, detailed disclosure of the biological materials or resources used is also required to meet India’s biodiversity and traditional knowledge laws.

What sets these guidelines apart is the importance of prior art search. The IPO uses the TKDL and other resources to check if something truly counts as a new technical advancement, or if it is just a re-packaging of existing remedies.

Balancing Protection and Progress

The Indian Patent Office’s approach in 2025 is to strike a balance. The guidelines help safeguard traditional formulations from being patented for the wrong reasons, while also creating room for real innovation, where scientific rigor, creative formulation, or unexpected technical effects can be shown and explained.

The guidelines are especially crucial for companies and researchers working on novel products, drug delivery systems, medical devices, or nutraceuticals rooted in AYUSH. No invention that simply copies or modestly tweaks practices described in existing ancient texts will be accepted. At the same time, those who can prove a meaningful technical leap - such as enhanced efficacy, stability, or totally new combinations not found in the traditional literature, stand a far greater chance of being granted protection.

Implications for Stakeholders

For researchers and startups, aligning research and development with these guidelines is vital. Projects should be documented with a focus on novelty and synergistic effects. Startups keen on standing out in global wellness and healthcare industries now have a clearer path: demonstrate technical advancement, disclose traditional and biological resources thoroughly, and prepare for a rigorous examination.

For Indian authorities and the wellness sector at large, the guidelines reinforce India’s commitment to both heritage protection and global innovation leadership. With the wellness industry valued in billions and growing, getting the rules right translates not just to legal wins, but also to stronger branding and international collaboration opportunities.

As the guidelines take effect, they mark a step forward in making India’s rich AYUSH systems both protected and progressive, showing the world how tradition and modern science can move forward together.

Author :- Amrita Pradhan, in case of any query, contact us at Global Patent Filing or write back us via email at support@globalpatentfiling.com.

References

1. Office of the Controller General of Patents, Designs and Trade Marks, Guidelines for Examination of AYUSH Related Inventions, 2025, https://ipindia.gov.in/writereaddata/Portal/IPOPublication/1_69_1/guidelines-for-examination-of-ayush-related-inventions-2025.pdf.

2. The Patents Act, 1970 (Act No. 39 of 1970), § 2(1)(j).

3. The Patents Act, 1970 (Act No. 39 of 1970), § 3(p).

4. The Patents Act, 1970 (Act No. 39 of 1970), § 10(4)(d).

5. The Patents Act, 1970 (Act No. 39 of 1970), § 11A.

6. Ministry of AYUSH, Government of India, Annual Report 2024-25 - Growth of Wellness Sector and AYUSH Industry Valuation, https://ayush.gov.in/docs/AYUSH_Annual_Report_2024-25.pdf.

7. Council of Scientific & Industrial Research (CSIR), Traditional Knowledge Digital Library (TKDL) – Role in Prior Art Search for Patent Examination, https://www.tkdl.res.in/tkdl/Introduction/introduction.jsp.

8. National Biodiversity Authority (NBA), Guidelines for Access and Benefit Sharing – Compliance for Biological Resources in Patent Applications, Gazette of India, Notification No. G.S.R. 399(E), May 15, 2004, https://nbaindia.org/uploaded/otherdocuments/ABS_Guidelines_2004.pdf.

9. Office of the Controller General of Patents, Designs and Trade Marks, Guidelines for Processing of Patent Applications Relating to Traditional Knowledge and Biological Material, 2012, Intellectual Property India, https://ipindia.gov.in/writereaddata/Portal/IPOGuidelinesManuals/1_31_1_Guidelines_for_Processing_of_Patent_Applications_Relating_to_Traditional_Knowledge_and_Biological_Material-2012.pdf.

10. World Intellectual Property Organization (WIPO), Provisions on Traditional Knowledge and Novelty, https://www.wipo.int/wipolex/en/legislation/details/20694.

11. Press Information Bureau (PIB), Government of India, Release of Guidelines for Examination of AYUSH Related Inventions on National Ayurveda Day (September 23, 2025), https://pib.gov.in/PressReleasePage.aspx?PRID=2065123.

12. India Brand Equity Foundation (IBEF), Wellness Industry in India – Market Size and Global Interest in AYUSH Systems (Report 2025), https://www.ibef.org/industry/wellness-sector-india.aspx.

13. The Biological Diversity Act, 2002 (Act No. 18 of 2003), § 6, https://www.indiacode.nic.in/bitstream/123456789/1988/1/A2003-18.pdf.

14. World Health Organization (WHO), Traditional Medicine Strategy 2014-2023 – Integration of AYUSH Systems and Patent Protection, https://www.who.int/publications/i/item/9789241506090.