Is US right to patent Yoga Asanas?

Yoga has been practiced in India for thousands of years. Does US have a right to Patent these Asanas?

134 yoga ‘devices’ get US patents

By Seema Mustafa

New Delhi, June 7: Neem, turmeric, basmati rice and now yoga. The United States is rapidly issuing patents on yoga, currently a $3 billion industry in that country, but in the face of a barrage of protests in India, and particularly from the ministries of health and commerce, the American embassy here has clarified in a statement that the patents are not on yoga positions as such, but only on “devices that may be used in conjuction with yoga.”

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The embassy tried to still the controversy by claiming that the US government had conducted a search of all patents issued and that no US patents on yoga positions had been identified. But it also clarified: “Although the US government is unaware of any US patents on yoga, the US Patent and Trademark Office has granted patents on new and non-obvious devices that may be used in conjuction with yoga.” The US Patent Office has reportedly issued 150 yoga-related copyrights, 134 patents on yoga accessories and 2,315 yoga trademarks, with the ministries of health and commerce here taking up the issue with the US directly and through the Indian embassy in Washington.

The positive aspect of the US interest has been a sudden rush by the government to clear a project facilitating the compilation of 1,500 yoga postures and exercises that will be given to the US and the European Union to prevent such patents from being granted. Sanskrit shlokas describing yogic asanas are being translated into English, French and German as well as other languages. These will be accompanied by videos demonstrating these yoga postures. Work on 150 asanas will be completed by this December.

The US denials have not had any impact here, with officials making it clear that the government at different levels was taking the matter up with the American authorities.

The US Patent and Trademark Office has granted patents on a variety of devices. One is a mat on which yoga is practised. Described as an “invention” this yoga mat carries a design that reportedly helps the yoga practitioner to properly align his or her body during postures. The description accompanying this patent says that yoga mats are used in “hatha yoga”. And since “only a few people are capable of swinging both right and left”, hatha yoga helps in balancing both sides of the body. And the mat is apparently necessary for practising these postures.

Another patent has been granted for an “inversion bed having a leg attachment, which facilitates the practice of ‘monkey swing yoga’.” The background again goes into details about this monkey swing yoga and its benefits, which include “calming the mind, thereby alleviating stress and mild forms of depression, as well as stimulating lungs, thyroid and digestive organs.” The invention, according to the applicant who was granted the patent, is necessary as it “allows for the controlled inversion of a patient, whether hale (sic) or injured through the provision of a pivotal bed which is motivated to the tilted position through the use of an electric actuator.” Of course, in this form of yoga, the “practitioner swings in an inverted position, relieving compressive pressures on the chest, neck and spine…”

Yet another patent has been granted for an invention that “relates broadly to anti-skid supports for maintaining a person in a specified posture.” Again the applicant gives a detailed description of yoga and speaks of yoga mats or rugs being used to prevent slipping of a yoga practitioner. The new “invention” is supposed to be an improvement on existing bulky mats, and includes a pair of yoga gloves and a pair of yoga slippers covered with anti-skid material. There are at least 10 pages devoted to describing this “support” system, with drawings detailing how it actually works. The price of this “invention” was not listed along with the patents issued.