Comments on Improving Identification of Prior Art Recommendations on Traditional Knowledge Relating to Biological Diversity

The Center for International Environmental Law (CIEL) submitted comments to the US Patent and Trademark Office (PTO) arguing that traditional knowledge of biological diversity is frequently overlooked as prior art, leading to the improper granting of patents. The document recommends stricter disclosure requirements for applicants, the systematic use of ethnobotanical databases and herbarium specimens in searches, and the consideration of moral grounds for denying patents on sacred indigenous resources.

• Traditional knowledge is a critical resource for technological innovation, particularly in pharmaceuticals, where a 1993 analysis indicated that 57% of the top 150 prescribed brand-name drugs contained at least one major active compound derived or patterned after compounds from biological diversity. Of the 35 plant-derived drugs in that group, 94% had a demonstrated use in traditional medicine related to their primary therapeutic use.
• The current PTO approach fails to adequately identify traditional knowledge as prior art, resulting in patents for inventions that are not novel or non-obvious. This is exemplified by a 1995 patent for the use of turmeric as a healing agent, which was later canceled after India's Council of Scientific and Industrial Research (CSIR) provided evidence that such use was long-standing traditional Indian knowledge in the public domain.
• The document argues that traditional knowledge should be considered prior art under 35 U.S.C. § 102(f), which precludes patents when the applicant is not the actual inventor. Unlike subsections 102(a) and (b), subsection 102(f) has no geographic limitations, meaning any information—published or unpublished, domestic or foreign—that proves the applicant did not invent the subject matter is material.
• CIEL recommends that the PTO implement four specific disclosure requirements for applicants: disclosing any traditional knowledge used in the invention, conducting and reporting prior art searches of traditional knowledge (including oral traditions), disclosing the exact country and geographical location of the resources, and certifying compliance with the local laws of the source jurisdiction.
• To improve the identification of prior art, the PTO should utilize existing electronic databases and registries of traditional knowledge, such as NAPRALERT, Dr. James Duke's Phytochemical and Ethnobotanical Databases, and the World Bank's Database of Indigenous Knowledge and Practices in Sub-Saharan Africa.
• The document highlights the 'Da Vine' patent controversy involving the ayahuasca vine (Banisteriopsis caapi) to argue for stricter plant patent requirements. It notes that the patent was granted despite the plant growing wild in the Amazon basin because the examiner did not search herbarium specimen sheets, which are readily available and should be treated as prior art publications.
• The authors suggest that the PTO should develop principles to address moral concerns in patenting, particularly for life forms and plants sacred to indigenous peoples. They point to Article 27.2 of the TRIPS Agreement, which allows governments to make patent exclusions on grounds of morality.

APA

Center for International Environmental Law (1999). Comments on Improving Identification of Prior Art Recommendations on Traditional Knowledge Relating to Biological Diversity. https://www.ciel.org/wp-content/uploads/2015/03/IdentificationofPriorArt.pdf

Chicago

Center for International Environmental Law. Comments on Improving Identification of Prior Art Recommendations on Traditional Knowledge Relating to Biological Diversity. 1999. https://www.ciel.org/wp-content/uploads/2015/03/IdentificationofPriorArt.pdf.

Wikipedia

{{cite press release |author=Center for International Environmental Law |title=Comments on Improving Identification of Prior Art Recommendations on Traditional Knowledge Relating to Biological Diversity |date=2 August 1999 |url=https://www.ciel.org/wp-content/uploads/2015/03/IdentificationofPriorArt.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centerforinternationalenvironmentallaw1999comments, author = {{Center for International Environmental Law}}, title = {{Comments on Improving Identification of Prior Art Recommendations on Traditional Knowledge Relating to Biological Diversity}}, publisher = {Center for International Environmental Law}, year = {1999}, month = aug, url = {https://www.ciel.org/wp-content/uploads/2015/03/IdentificationofPriorArt.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }