Patently Absurd: Media Strike Warrior Pose over “Yoga Patents”

This, of course, seems grossly unfair – the implication is that the Indian Government is trying to control the practice of yoga postures (known as asanas), stopping ordinary people from following this ancient practice without its permission.  But this is, of course, a sensationalised view, and is quite far removed from what is really happening. Quite apart from anything else, as simply lying still on your back is a yoga position (called shava-asana), the effect would be to prevent us all from sleeping on our backs – a preposterous result.

In actual fact, what the Indian Government is trying to do is to prevent members of the public from obtaining their own privately-owned patent registrations of yoga positions. In general, the purpose of a patent is to protect the commercial rights of an invention. In India, for example, the protection lasts for five years and grants the exclusive right to sell or distribute the invention for that duration.

In order to obtain a patent, however, it must pass what is known as the 'prior art test'; that is, the applicant must show that the invention or innovation is truly original, and that it is not just a repackaging of an old idea. This test is central to patent law all over the world, and can defeat a patent application if it is not properly drafted.

The problem is that, despite the age and traditions of the poses, they are very difficult indeed to identify and compare as there is no one absolute source of information.  One can search for hours through books and websites without finding a photograph or an in-depth description of a particular asana, which might be comparatively rare or just so well-known for so long that it doesn't get written down.

In the UK and USA, many patents are applied for every year for seemingly new yoga postures, claiming novel health benefits – but the truth is that some of these postures are little more than copies or variations of existing asanas that are centuries old.  It is so difficult to check, in fact, that the person who “invented” the pose may incorrectly believe it is new, as they don't have any proper resources to assist them in researching the ancient lore. The result is that, for many years, people around the world have been unfairly obtaining legal rights to “inventions” that are actually older than the laws that protect them.

So the new idea is to create a database to protect the importance of these yoga positions to the Indian cultural heritage. This new database is called The Traditional Knowledge Digital Library, which originally contained information about traditional Indian herbal medicine. The inclusion of yoga asanas in this database will act not as a patent, but instead as a patent preventer, providing a central resource for patent offices around the world to identify the true origin of a yoga pose. From now on, if anyone attempts to patent a new pose, it can be compared to what already exists, and if it is too similar to an old pose or method, no patent will be granted.

The media really have been tying themselves in knots over the yoga database.  On BBC Radio 4’s Today last month, one guest said that the move by India will mean “the right to deny others to practise [without] consent”. The truth is quite the opposite; the database is not a patent register but a source of information that is actually aimed at preventing any member of the public from unfairly obtaining exclusive rights to asanas. It will protect the ancient Indian culture and the rights of the individual to exercise, relax and benefit from using this ancient knowledge.

So while some journalists continue to inflate and confound, the individual yoga student can simply... lie back and relax in child’s pose.

If you are interested in obtaining a patent for a novel idea (other than for yoga postures), or if you would like more advice about your use of traditional knowledge in business, contact IP Partner Dennis Lee by email at dktl@silvermansherliker.co.uk, or call him on +44 (0) 20 7749 2700.