YOGA PATENT CONTROVERSY: RIP…

Thankfully, the government is now well advised (by the Indian embassy in the US), that there is no cause for concern on the Yoga patent front–particularly since there are no patents on Yoga asanas. Readers will recollect that SpicyIP has been reiterating this point and cautioning against the media hype generated in the wake of Suketu Mehta’s NY Times editorial. Interested readers can click on a label titled “Yoga” on the left hand side of the SpicyIP homepage.

Sandeep Joshi from the Hindu Reports

“India might have succeeded in cautioning the U.S. Government against granting patents to yoga postures (asanas), but it has failed to ensure that devices and accessories used in yoga are not patented by the U.S. firms a nd individuals.

The United States Patents and Trade Mark Office (USPTO) database shows that it has granted as many as 168 patents to yoga-related devices and accessories used in conducting exercises that include yoga mattresses, grip blocks and yoga socks, besides some devices used for doing stretching exercises, Union Minister of State for Industry Ashwani Kumar has said in reply to a question in Lok Sabha.

“Similarly, there are about 3,700 trademarks on yoga accessories which have been listed in the database registered and pending trade marks by the USPTO. However, the U.S. organisation’s database does not show any pending case for grant of patent on yoga practised in steam room,” he said, adding that the Government has so far not taken up the issue with the U.S. Government.

After reports of patents being granted by the USPTO to yoga postures a few months ago, the Union Commerce and Industry Ministry had brought the matter to the notice of the Indian mission at Washington, which in turn took up the case with the U.S. Trade Representative. However, the U.S. Government clarified that no patent had been granted to asanas. Now the latest information reveals that the U.S. firms and individuals are busy patenting accessories and devices being used in conduct ing yoga.”

Of course, Sandeep’s note assumes that there are problems with the patenting of Yoga devices–note his first line”“India might have succeeded in cautioning the U.S. Government against granting patents to yoga postures (asanas), but it has failed to ensure that devices and accessories used in yoga are not patented by the U.S. firms and individuals.”

We’ll forgive this as journalistic excess. As SpicyIP has been reiterating, provided one is not too keen on doing Sirsasana with the patented Yoga socks, there is no real cause for concern.

Now that “patents” are not an issue in this troubling controversy, the government needs to begin engaging with the real issue i.e. “the copyright claim” by Bikram. It needs to seriously consider whether Bikram’s claims ought to be challenged –particularly since the earlier challenge by the Open Source Yoga movement is now settled and we don’t have a precedent.