WORLD TRADE  
ORGANIZATION  IP/C/W/441 
8 March 2005 
 
 (05-0979) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   Spanish 
 
 
 
ARTICLE 27.3(B), RELATIONSHIP BETWEEN THE TRIPS AGREEMENT 
AND THE CBD AND PROTECTION OF TRADITIONAL 
KNOWLEDGE AND FOLKLORE 
 
Communication from Peru  
   The following communication, dated 28 February 2005, is being circulated at the request of 
the delegation of Peru. 
 
_______________ 
 
 
I. INTRODUCTION 
1. The current intellectual property system stems from a continuing process to foster trade and 
technological development.  The protective scope of intellectual property legislation has thus 
gradually expanded with the recognition of new rights and subject-matter.  We therefore believe that 
the traditional knowledge of indigenous peoples, as a significant sphere of human creativity, cannot 
be left out of the intellectual property system.  Those peoples have a legitimate interest and an 
expectation of legal recognition that is no less signifi cant than that which, at  one time, warranted the 
recognition of new subjects of intellectual property pr otection (plant varieties, biological material, 
layout-designs of integrated circuits, software, da tabases, and so forth).  National and international 
recognition of traditional knowledge is an issue of  crucial importance to many developing countries, 
and especially Peru, whose geographical setting places it among the ten countries with the most extensive biodiversity in the world, which are also known as "mega-diverse countries" because of 
their range of ecosystems, species, genetic re sources and indigenous cultures with valuable 
knowledge. 
2. In this connection, the Peruvian Governme nt advocates the extension of protection for 
intellectual property rights and seeks to stimulate i nnovation and the creation of  intangible property of 
economic and commercial value throughout the country.  Thus, after a number of years of work within the country, the Law establishing a prot ection regime for the collective knowledge of 
indigenous peoples derived from biological resources
1 was published in August 2002.  The Law is the 
outcome of a process involving the participation of various public institutions, academic circles, 
NGOs, the business sector and the indigenous peoples themselves.  However, we are well aware that 
ensuring protection at the domestic level is not sufficient, and we therefore consider that the international recognition of traditi onal knowledge as protectable inte llectual property will give the 
beneficiaries legal standing to assert their rights in other countries. 
 
                                                     
 
1 Law No. 27811 published on 10 August 2002 in the Official Journal "El Peruano". IP/C/W/441 
Page 2  
 
 3. On the other hand, we believe that, while the intellectual property system is not designed to 
protect the rights of the countries of origin of ge netic resources, it may provide support for the system 
of access to genetic resources and contribute to its  implementation through the establishment of the 
disclosure requirement, among others.  This will be nefit the intellectual property system itself, by 
making it more fair and giving it greater legitimacy.  It must be borne in mind that the legitimacy of 
the IP system is in dispute, and that will remain the case as long as bad patents continue to be granted 
and the system continues to be used to legitimize unjust and unfair situations. 
4. Discussions on the relationship between the Agreement on Trade-Related Aspects of 
Intellectual Property Rights (TRIPS Agreement) a nd the Convention on Biological Diversity have 
been taking place in the Council for TRIPS since 1999 .  Both individually and in association with 
other countries such as Brazil, Ecuador, Venezuel a, Cuba, the Dominican Republic, Thailand and 
India, among others, Peru has made various submissions
2 aimed at securing the insertion in the TRIPS 
Agreement of a provision requiring patent applicants for inventions that use biological resources and traditional knowledge to disclose the origin of t hose resources or that knowledge and to provide 
evidence that they have obtained  proper prior informed consent and have complied with national 
legislation on the distribution of profits, all of which will help to reduce cases of bad patents and 
prevent biopiracy. 
5. Peru has also developed concrete measures to  reduce cases of bad patents and prevent bio-
piracy.  They include the following in particular: 
2. Establishment of the Working Group tasked by  the National Institute for the Defence of 
Competition and Intellectual Property Prot ection (hereinafter INDECOPI) to examine 
patents granted in other countries and inventions relating to "maca" 
6. The Working Group was made up of persons fro m different government institutions and non-
governmental organizations, such as the:  Ministry of Foreign Relations, Ministry of Foreign Trade 
and Tourism, National Environmental Council, Nati onal Agricultural Research Institute (now the 
National Institute for Agricultural Research and Exte nsion), Office of the First Lady of the Nation, 
International Potato Centre, Peruvi an Institute for Medicinal Plants (now the Peruvian Institute for 
Natural Products), Peruvian Environmental Law So ciety and Probioandes (Pro Biodiversity of the 
Andes). 
7. The Working Group drew up a report entitled "Patents referring to Lepidium Meyenii  (maca):  
Responses of Peru", which was submitted by the Peruvian delegation at the fifth session of the Intergovernmental Committee on Intellectual Propert y and Genetic Resources, Traditional Knowledge 
and Folklore.
3 
8. The report shows some of the problems that a country like Peru has to face upon 
identification of a pending patent application or  patent grant whose subject-matter concerns an 
invention obtained or developed from the use of  a biological resource or traditional knowledge 
without securing the prior informed consent of the c ountry of origin of the resource or the indigenous 
people owning rights in the knowledge, and without providing for any type of compensation to that 
country or indigenous people. 
 
                                                      
2 See documents WT/GC/W/362 of 12 October 1999, IP/C/W/246 of 14 March 2001, IP/C/W/356 of 
24 June 2002, IP/C/W/403 of 24 June 2003, IP/C/W/420 of 2 March 2004, IP/C/W/429 of 21 September 2004, IP/C/W/438 of 10 December 2004. 
3 See document WIPO/GRTKF/IC/5/13.  IP/C/W/441 
 Page 3 
 
 
 3. Establishment of the National Commission for the Protection of Access to Peruvian 
Biological Diversity and to the Collectiv e Knowledge of the Indigenous Peoples 
9. Law No. 28216 of 1 May 2004 established the National Commission for the Protection of 
Access to Peruvian Biological Diversity and to th e Collective Knowledge of the Indigenous Peoples 
(hereinafter the National Anti-Biopiracy Commission). 
10. The Commission, chaired and coordinated by INDECOPI, is made up of representatives of 
the following institutions:  Ministry of Foreign Relations, Ministry of Foreign Trade and Tourism 
(MINCETUR), National Environmental Council (CONAM), Commission for the Promotion of 
Exports (PROMPEX), National Institute for Natu ral Resources (INRENA), National Institute for 
Agricultural Research and Extension (INIEA), Interna tional Potato Centre (CIP ), National Centre for 
Intercultural Health (CENSI), National Commissi on of Andean, Amazonian and Afro-Peruvian 
Peoples (CONAPA), National Assembly of Governor s (ANR), Peruvian Environmental Law Society 
(SPDA) (representing the NGOs), and Peruvian In stitute for Natural Products (IPPN) (representing 
business associations). 
11. The National Anti-Biopiracy Commission has the task of developing actions to identify, 
prevent and avoid acts of biopiracy with the aim of protecting the interests of the Peruvian State.  Its 
main functions are to: 
• Establish and maintain a register of bi ological resources and traditional knowledge; 
 
• provide protection against acts of biopiracy; 
 
• identify and follow up patent applications ma de or patents granted abroad that relate 
to Peruvian biological resources or collec tive knowledge of the indigenous peoples of 
Peru; 
 
• make technical evaluations of the above-m entioned applications and patent grants; 
 
• issue reports on the cases studied; 
 
• lodge objections or institute actions fo r annulment concerning the above-mentioned 
patent applications or patent grants; 
 
• establish information channels with the main intellectual property offices around the 
world; 
 
• draw up proposals for the defence of Pe ru's interests in different forums. 
 12. The Commission held its first ordinary meeting in August 2004.  To date, it has held six 
formal meetings.  One of the activities agreed by the Commission has been the identification of 
potential cases of biopiracy involving Peruvian resources and the traditional knowledge of Peru's 
indigenous peoples.  To that end, it has ins tituted a permanent search and monitoring system. 
13. The National Anti-Biopiracy Commission consid ered it desirable to share the experience 
acquired in this first stage of the search for potential cases of biopiracy, inasmuch as this may 
contribute to an understanding of the problems faced by a country like Peru in the fight against 
biopiracy.  To that end, and in order to enri ch the ongoing debate within the TRIPS Council 
concerning the disclosure requirement, the results of the search effected on the websites of the main patent offices in the world (United States, Europe and Japan) are presented in respect of six resources IP/C/W/441 
Page 4  
 
 of Peruvian origin identified as priority resources, together with a summary of the patent documents 
found, which have as their subject-matter inventio ns related to those resources, and which may 
involve the use of traditional knowledge of the indigenous peoples of Peru. 
14. This document is the fruit of efforts by th e National Anti-Biopiracy Commission to identify 
possible cases of biopiracy as the subject-matter of  a more rigorous and detailed analysis and of 
possible administrative or judicial proceedings.  It  is no more than the first step in the long and 
complex process starting with the search for pot ential cases of biopiracy and ending with the 
institution of actions against pendi ng patent applications or patent s obtained or developed from the 
use of a biological resource or traditional knowle dge without the prior informed consent of the 
country of origin of the resource or of the indigenous people owning rights in the knowledge, and 
without providing for any type of compensation to that country or indigenous people.   
15. It is hoped that this document will help serve  the purpose of:  (a) ascertaining how a mega-
diverse country makes a serious attempt to address this phenomenon through its institutions;  
(b) understanding to some extent the methodology and standards used in the search for such patents, 
thereby helping other countries or regions which might  wish to initiate similar efforts;  (c) gaining 
knowledge of the large number of inventions referri ng to resources of Peruvian origin that might 
reflect cases of biopiracy (either because such res ources have been obtained illegally, or because they 
involve the unauthorized use, without compensation, of traditional knowledge);  and (d) demonstrating that a systematic and methodical search and analysis of "problem" patents can be 
undertaken. 
16. It should be stressed that it is not our contention that no assertion is made that all the pending 
patent applications or patent gran ts mentioned in the attached report do not deserve protection.  What 
is presented is merely a set of pending patent applicat ions or patent grants which have as their subject 
matter inventions apparently obtai ned or developed using biological  resources of Peruvian origin 
and/or traditional knowledge of the indigenous peoples of Peru, for which reason it is necessary to 
check whether respect has been show n for the rights of Peru as the country of origin of the resources 
concerned and of the indigenous peoples of Peru as the owners of rights in the knowledge concerned. 
17. The attached report sets out the results of the search for potential cases of biopiracy that was 
made using the databases accessible through the webs ites of the United States Patent and Trademark 
Office, the European Patent Office and the Japan Patent Office.  The search for potential cases of 
biopiracy did not cover all resources of Peruvian origin considered as priority resources by the 
National Anti-Biopiracy Commission, but only th e following:  hercampuri, camu camu, yacon, 
caigua, sacha inchi and chancapiedra. 
18. It should be noted that this report shows the results obtained during the first stage ( search for 
potential cases of biopiracy ).  The first stage is to be followed by a second one ( identification of 
possible cases of biopiracy ), which will be the responsibility of  Peruvian experts on the national 
resources covered by the search.  The experts will an alyse each of the cases included in the report and 
will propose cases requiring more detailed analysis to  the Commission, thereby contributing to the 
collation of the results obtained at the first stage. 
19. The National Anti-Biopiracy Commission will presen t the results obtained in the second stage 
to the TRIPS Council at its next meeting. 
  IP/C/W/441 
 Page 5 
 
 
 SEARCH FOR POSSIBLE CASES OF BIOPIRACY 
 
I. SEARCH STRATEGY 
 The search was conducted on the basis of the scientific names and possible synonyms of the 
resources cited in the "List of resources to be incl uded in the search for possible cases of biopiracy", 
drawn up by the National Anti-Biopiracy Commission. 
 
II. DATABASES CONSULTED 
 The databases consulted for the purpose of  conducting searches for possible cases of bio-
piracy were the following: 
 
1. Database of the United States Patent a nd Trademark Office (hereinafter US database)4 
 This database: 
 
• Separates information relating to patent s and patent applications, and separate 
searches were therefore conducted for: 
- Patents5 
- Patent applications6 
• Permits a term search to be made in relati on to the full text of the patent or patent 
application (abstract, claims and description). 
• Permits the full text of the patent or  patent application to be printed. 
 
2. Database of the European Patent O ffice (hereinafter European database)7 
 This database: 
 
• Permits a worldwide database search which includes patents and patent applications 
from about 70 countries and regions. 
• Permits a term search to be made only in relation to the title or abstract of each 
document, thus limiting the search facility. 
• Enables the full text of the patent or patent application to be printed. 
 3. Database of the Japan Patent O ffice (hereinafter Japanese database)
8, 9 
 This database: 
 
• Permits access to publi cations from 1976 onwards. 
• Provides information on the legal stat us of publications from 1993 onwards. 
• Permits a term search to be made only in relation to the title or abstract of each 
document, thus limiting the search facility. 
• Facilitates access to a literal translation of the full text of the document from Japanese 
to English.  However, this was not possible for documents published in 1992. 
 
                                                      
4 Website of the US Patent and Trademark Office http://www.uspto.gov/  
5 This database includes patents granted from 1976 onwards. 
6 This database includes patent applications published from 2001 onwards. 
7 Website of the European Patent Office http://ep.espacenet.com  
8 Website of the Japan Patent Office http://www.jpo.go.jp  
9 For searches in this database, the option "Patent Abstracts of Japan (PAJ)" was entered. IP/C/W/441 
Page 6  
 
  In order to print out claims relating to pate nts granted, "Patent & Utility Model Gazette DB" 
was entered, which enables the document to be  accessed by means of its publication number. 
 
III. SEARCHES  
 A search for the following resources was initiated: 
 
 HERCAMPURI  Gentianella alborosea (Gilg) Fabris  
 CAMU – CAMU  Myrciaria dubia 
 YACON   Smallanthus sonchifolius 
 CAIGUA    Cyclanthera pedata L 
 SACHA INCHI  Plukenetia volubilis L  
 CHANCAPIEDRA  Phyllantus niruri   
  The searches produced the results described below:   IP/C/W/441 
 Page 7 
 
 
 HERCAMPURI 
 
Gentianella alborosea (Gilg) Fabris 
 
Terms used in the search:  gentianella, hercampuri, hercamp ure, alborosea and gentiana . 
 
 The scientific name for this resource is " Gentianella alborosea ".  However, a review of the 
Japanese database turned up references to the resource as " Gentiana prostata ", "Gentiana nitida " and 
"Gentiana alborosea ", so the term "gentiana" was included as a possible synonym. 
 US DATABASE 
 
 Searches using the terms gentianella, albor osea, hercampuri and hercampure produced no 
relevant results.  On the other hand, a search for the term "Gentiana" brought up a list of references 
for the plant gentiana sp, gentiana extract and other species, notably:  Gentiana scabra, Gentiana 
triflora, Gentiana manshurica, Gentiana algi da, Gentiana regescens, Gentiana macrophylla, 
Gentiana straminea, Gentiana crassicaulis, Gentiana dahurica   and, in particular, Gentiana lutea . 
  Particular mention should be made of application US 20040202638, published on 
14 October 2004, claim 11 of which mentions the plant "Gentiana chancalagua" which the descriptive 
section refers to as a plant which grows in Peru. 
 
EUROPEAN DATABASE 
 
 The search turned up two references to Japanese documents, for which no family of patents is 
cited. 
 
JAPANESE DATABASE 
 
 The search turned up 11 references identified by their publication numbers:  
Preparations for external use 
 
20. 08-175963, published on 9 July 1996 and gr anted as patent No. 3224962 of 24 August 2001, 
concerning "Skin preparation for external use".  Clai m 1 refers to skin preparations for external use 
characterized by containing hercampuri extract . 
21. 2000-063259, published on 29 February 2000, c oncerning "Lipolysis accelerating agent and 
skin preparation for external use for weight re duction".  Claim 1 refers to a lipid decomposition 
accelerator characterized by consisting of an extract of gentiana and/or hercampuri . 
22. 2000-336024, published on 5 Dece mber 2000, concerning "Cosmetic composition containing 
moisturizing plant extract".  Claim 1 refers to a make-up base containing one or more extracts from uña de gato, hercampuri, quinoa, sangre de grado, cedrón, chanca piedra, pájaro bobo, balsamina, 
bordeaux, matico, manzanilla and muña.  Claim 2 refers to a bath and claim 3 to a detergent. 
23. 2001-106619, published on 17 Apr il 2001, concerning "Cosmetic composition".  Claim 1 
refers to a melanin generation inhi bitor which comprises one or more plant extracts from 
hercampuri , bal basuko and buranka. IP/C/W/441 
Page 8  
 
 24. 2003-104848, published on 9 April 2003, concerning "Hair grower".  Claim 1 refers to a hair 
restorer which contains an aromatase accelerator, while claim 2 specifies that this aromatase accelerator may be obtained, inter alia , from a hercampuri extract . 
25. 2003-238432, published on 27 A ugust 2003, concerning "Hyaluronic acid accumulation-
accelerating agent".  Claim 2 defines a composition wh ich moisturizes the skin and prevents wrinkles.  
According to claim 1, this composition contains a hyaluronic acid accelerator, which in turn contains 
hercampuri  and maca. 
Extracts and references to foods 
26. 10-245553, published on 14 September 1998, concer ning "Antioxidant".  Claim 1 refers to an 
antioxidant comprising an extract of hercampuri  or of a gentian.  The examples in the detailed 
description refer to creams. 
27. 2002-275079, published on 25 Se ptember 2002, concerning "Composition for enhancing 
glutathione".  According to the abstract, the problem to be solved is to provide a plant which enhances 
the action of glutathione.  Claim 1 gives a list of  plants, including hercampuri and maca.  Claims 6 
and 11 refer to a liver function improvement
 and a nutritional supplement, respectively. 
28. 2002-316936, published on 31 October 2002, concerning "Antibacterial agent and anti-
inflammatory agent".  Claim 1 refe rs to an anti-microbial agent char acterized by containing one or 
more extracts selected from huamansamana, hercampuri and canchalagua.  The abstract explains that the extracts of huamansamana ( Jacaranda copaia ), hercampuri and canchalagua ( Sisyrinchium 
vaginatum ) have an excellent anti-inflammatory prope rty for the skin.  The detailed description 
indicates that hercampuri is widely distributed in the United States. 
29. 2004-000172, published on 8 January 2004, con cerning "Functional food product containing 
hercampure".  The abstract states that the produc t inhibits blood pressure elevation and that it inhibits 
bad cholesterol and increases good cholesterol .  Claim 1 refers to the aim of protecting a food that 
contains hercampure. 
30. 2004-219101, published on 5 August 2004, concer ning "Method for determining hercampure 
component".  The abstract refers to  a determination method for xanthone. 
  IP/C/W/441 
 Page 9 
 
 
 CAMU – CAMU 
 
Myrciaria dubia  
 
Terms used in the search:  myrciaria, camu, Eugenia, divaricata, marliera, rumberry, 
mirciaria, dubia, psidium, Psidium and dubium.   
 
 The scientific name for this resource is "Myrc iaria dubia".  However, a review of the tropical 
plant database web page created by Raintree tu rned up references to the resource as "Eugenia 
divaricata", "Marliera" and "Rumberry", so these were  included as search terms.  In addition, Psidium 
dubium was used as a synonym.  
UNITED STATES DATABASE 
  The search turned up two documents where the term myrciaria is used in the descriptive 
section:  
• US 2003/0104076, published on 5 June 2003, concerning "Process for preparing dry 
extracts".  The descriptive section (par agraph No. 0041) refers to the resource 
Myrciaria dubia among many others. 
• US 2004/0161524, published on 19 August 2004, concerning "Process for producing 
a plant extract containing plant powder".  The descriptive section (paragraph No. 0056) refers to the resource Myrciaria dubia among many others. 
  Although a continued search using the terms camu, dubia and Psidium dubium turned up further documents, these do not refer to the resource Myrciaria dubia. 
 
EUROPEAN DATABASE  
 
 The search turned up references to Japanese documents, for which no family of patents is 
cited.  Among the results obtained, mention should be made of document WO 2004/074304, published in Japanese on 2 September 2004, concer ning "Compound, process for producing the same 
and use thereof".  The English translation of the ab stract refers to a compound originating in camu 
camu which is defined by its chemical structure.  
JAPANESE DATABASE 
  The Japanese database search tu rned up 16 references identifie d by their publication numbers: 
 
Preparations for external use  
 
1. 09-221429, published on 26 August 1997 an d granted on 23 May 2003 as patent 
No. 3431383, concerning "Melanogenesis suppressing agen t".  Claim 1 refers to a melanin inhibitor 
which contains an extract of camu camu  obtained from a process of extraction using water, 
hydrophilic organic solvents or a mixture thereof. 
2. 11-246336, published on 14 Se ptember 1999, concerning "Ac tivated oxygen scavenger and 
skin beautifying cosmetic composition".  Claim 2 refers to a make-up base containing an active 
oxygen elimination agent (antioxidant) which, acco rding to claim 1, includes the plant camu camu 
among others. IP/C/W/441 
Page 10  
 
 3. 2000-327525, published on 28 November 2000, concerning "Skin preparation for external 
use".  Claim 1 refers to a preparation for external use which contains an extract of camu camu and a 
cell activator. 
4. 2000-327549, published on 28 November 2000, con cerning "Cosmetic comprising extract of 
camu camu".  Claim 1 refers to a make-up base characterized by comprising camu camu fruit 
extract . 
5. 2000-327550, published on 28 November 2000, concerning "Skin preparation for external 
use".  Claim 1 refers to a preparati on for external use that contains an extract of camu camu  and an 
antioxidant (active oxygen remover). 
6. 2000-327552, published on 28 November 2000, concerning "Skin preparation for external 
use".  Claim 1 refers to a prepara tion for external use which contains an extract of camu camu  and a 
moisturiser. 
7. 2000-327553, published on 28 November 2000, concerning "Skin preparation for external 
use".  Claim 1 refers to a preparation for ex ternal use which contains a polyhydric alcohol, a camu 
camu extract , ascorbic acid and a placenta extract. 
8. 2001-031558, published on 6 February 2001, concer ning "Skin lotion".  Claim 1 refers to a 
preparation for external use which contains (a) an extract of camu camu  and (b) a whitening agent. 
9. 2001-031580, published on 6 February 2001, con cerning "Preparation for external use for 
skin".  Claim 1 refers to a preparati on for external use which contains (a) a camu camu extract  and 
(b) an anti-inflammatory agent. 
10. 2004-189698, published on 8 July 2004, concerning "Bleaching agent, antioxidant, 
collagenase inhibitor, hyaluronidase inhibitor, age r esister, skin lotion, cosmetic and food".  The 
claims refer to an extract of camu camu seed  which produces these effects. 
Extracts and references to foods  
 
11. 09-140341, published on 3 June 1997, concer ning "Dessert containing juice of Myrciaria 
dubia".  Claim 1 refers to a dessert characterized by containing camu camu juice . 
12. 09-140357, published on 3 June 1997, concerning "I mprovement of taste and flavour of juice 
of fruit of Myrciaria dubia and beverage containi ng the juice".  Claim 1 refers to a juice with 
improved flavour which comprises the juice of the fruit , an acidulant, sweeteners, essences, vitamins 
and minerals. 
13. 09-140358, published on 3 June 1997, concerning "Preparation of juice of fruit of Myrciaria 
dubia, improved in flavour and taste".  Claim 1 refers to a fruit juice  with improved flavour due to 
treatment with polyvinylpirrolidone. 
14. 09-215475, published on 19 Augus t 1997, concerning "Preserves of fruit of Myrciaria dubia".  
The abstract refers to food recipes c ontaining sugar, pectin, water and the 
fruit of Myrciaria dubia . 
15. 2000-342162, published on 12 December 2000, concerning "Bread-improving agent 
composition and production of breads".  Claim 1 re fers to a bread-improving agent, one of the 
ingredients of which is camu camu juice .  IP/C/W/441 
 Page 11 
 
 
 16. 2004-135608, published on 13 May 2004, concer ning "Method for producing breads".  
Claim 1 refers to a bread produced on the basis of rice powder, alpha-amylase, fermented milk, a polysaccharide and wheat flour.  Claim 4 states that camu camu juice  is a component of the 
fermented milk. IP/C/W/441 
Page 12  
 
  
YACON 
Smallanthus sonchifolius 
 
Terms used in the search:   yacon , llacon , smallanthus , smallantus , sonchifolius , sonchifolia and 
polymnia . 
 
The scientific name of this resource is Smallanthus sonchifolius .  However, a review of the 
web page "Origen de las raíces a ndinas" (Origin of roots from the Andes) turned up references to the 
resource as Polymnia sonchifolia . 
US DATABASE 
A search of the US database brought up 15 docum ents with descriptive sections referring to 
the term 'yacon', although not as the preferred resource. 
• Documents US6,596,332, US6,197,361 and US5,952,033, published on 22 July 2003, 
6 March 2001 and 14 September 1999, respec tively, refer to a "gelatinized cereal 
product containing oligosaccharide".  Although the descriptive sections of the 
documents mention yacon (as a source of  inulin) among a number of other plants, 
chicory is the preferred source. 
 
• Document US6,569488, published on 27 May 2003, concerning "Processes for 
making novel inulin products" (also pub lished as application US20020098272);  
document US6,419,978, published on 16 July 2002, concerning "Inulin fractions";  
document US6,399,142, published on 4 J une 2002, concerning "Liquid food 
products";  and document US200302070 03, published on 6 November 2003, 
concerning "Sweetener compositions containing  fractions of inulin", refer to products 
that contain inulin, and yacon, among other pl ants, is mentioned as a source of inulin 
in the descriptive sections of the documents.  However, chicory is the preferred 
source. 
 
• US6,093421, published on 25 July 2000,  concerning "Maca and antler for 
augmenting testosterone levels".  The descriptive section of the document states that yacon is grown in the Andes, as well as ahipa, arracacha and maca. 
 
• US20030206981, published on 6 November 2003,  concerning "Methods of using and 
compositions comprising cacao extract including dietary fiber".  Yacon is mentioned in one of the comparative examples. 
 
• US20040001898, published on 1 January 2004, concer ning "Compositions and 
methods for detoxification and cancer prevention".  Claim 1 refers to a composition comprising a plant that includes a source of dietary fibre and a phytochemical agent capable of inducing enzyme activity.  Cl aim 5 mentions inulin.  The descriptive 
section refers to yacon, among other plants, as a source of inulin.  However, chicory 
and artichoke are preferred. 
 
• US20040047896, published on  11 March 2004, concer ning "Composition for 
improving age-related physiological deficits  and increasing longevity".  Yacon is 
mentioned in the descriptive section of the document. 
  IP/C/W/441 
 Page 13 
 
 
 • US20040161524, published on 19 August 2004, concerning "Process for producing a 
plant extract containing plant powder".  Yacon, among many other plants, is mentioned in the descriptive section of the document.  However, Hydrangeae dulcis 
folium  is used in the examples. 
 
• US20040208944, published on 21 October 2004, concerning "Compositions and 
methods against inflammatory processes".  Claim 1 refers to a composition comprising a therapeutically effective plant, and although yacon is mentioned as forming part of the group of plant materials, chicory and artichoke are preferred. 
 
• US20040219157, published on 4 November 2004, concerning "Composition 
comprising a prebiotic for decreasing infl ammatory process and abnormal activation 
of non-specific immune parameters".  Cl aim 1 defines a composition comprising a 
prebiotic, which, according to claim 3, comp rises an oligosaccharide such as inulin.  
The descriptive section states that a plant material, including yacon, is the preferred prebiotic. 
 
A search using the term 'polymnia' turned  up document US6,399,124, published on 
4 June 2002, concerning "Frozen dessert containing l actic acid bacteria".  Claim 2 indicates that the 
dessert, as mentioned in claim 1, contains yacon ( Polymnia sonchifolia ).  The other documents 
retrieved do not refer to the resource in question. 
A search using the terms 'sonchifolius' and 'sonchifolia' turned up documents 
US20020192317, US20020022062 and US6,458,392, r espectively published on 19 December 2002, 
21 February 2002 and 1 October 2002, concerning "Preventive, alleviative or remedy for 
hypertension".  Claim 1 in these documents refers to  the use of a coffee bean extract.  Yacon is not 
included in the claims and is only referred to in  the descriptive sections as a possible additional 
component.  This is also the case in US6,310,100. 
A further search using the terms 'smallanthus', 's mallantus' and 'llacón' failed to turn up any 
documents. 
EUROPEAN DATABASE  
The European database search turned up re ferences to Japanese documents for which no 
family of patents is cited.  Docume nts RU2232188, KR2003064195, KR2001088568 and 
KR2001085077 were also retrieved.   Although there were references to application WO9808527, 
published in Japanese on 5 March 1998, concerning "Yacon/oolong blend tea", the epoline database 
specifies that the application has been withdrawn. 
 
JAPANESE DATABASE 
The Japanese database search using the terms i ndicated in the table turned up 50 references 
identified by their publication numbers.  Preparations for external use 
1. 2000-319120, published on 21 November 2000, conc erning "Cosmetic composition including 
vegetable extract having moisture retaining propert y".  Claim 1 refers to a make-up base containing 
one or more extracts from plants such as yacon, a guaje, achira, algarrobo, huito, oca, olluco, kañihua, 
cupuazu, tarwi, maca, mashua and molle. 
 IP/C/W/441 
Page 14  
 
 2. 2002-068953, published on 8 Marc h 2002, concerning "Cosmetic composition".  Claim 1 
refers to a melanin inhibitor containing yacon extract  and/or an extract from Citrus Junos. 
 3. 2002-205950, published on 23 July 2002, concerning  "Elastase activity inhibitor and cosmetic 
composition".  Claim 1 refers to an elastase inhibito r containing one or more plant extracts, including 
yacon.  Claim 2 refers to a makeup base c ontaining the inhibitor cited in claim 1. 
 
Pharmaceutical applications 
4. 03-227995, published on 8 Oct ober 1991, concerning "Production of fructo-oligosaccharide", 
refers to a compound obtained from yacon juice , with poor digestibility and low carcinogenicity, 
which improves the intestinal flora and reduces blood cholesterol. 
 5. 05-207900, published on 20 August 1993, concerning "Extraction of fructooligosaccharide 
from Polymnia sonchifolia", refers to a counter-cu rrent extraction using alkaline hot water with a pH 
of 9-11. 
 
6. 07-061980, published on 7 Ma rch 1995, concerning "Antibacterial compound PSF-A, PSF-B, 
PSF-D, their production and antibacterial composition" .  The claims refer to compounds exhibiting a 
sesquiterpene lactone structure.   Compounds A and B are known and compound D is new, but all are 
described as exhibiting novel antibacterial activity.  
7. 2000-342228, published on 12 December 2000, con cerning "Formulated tea of Smallanthus 
sonchifol with mulberry leaf", refers to the mixing  of 1 part yacon tea with 0.3-3% per weight of 
mulberry leaves, which are effective in improving gluc ose tolerance.  The tea can therefore be used in 
the treatment of diabetes (see also 2001-136939).  
8. 2001-136939, published on 22 May 2001, concer ning "Method for producing yacon tea 
containing mulberry leaf".  Claim 1 refers to th e mixing of yacon leaves and stems with mulberry 
leaves, shredded, steamed, dried and roasted.  9. 2001-299272, published on 30 Octobe r 2001, concerning "Lipase inhibitor".  Claim 1 refers 
to a lipase inhibitor derived from a terrestrial part of the yacon plant , an extract from a terrestrial 
part and/or an active ingredient from a terrestrial pa rt.  The abstract explains that the crude drug or 
extract inhibits pancreatic lipase activity and ther efore prevents lipid accumulation in the body.  
Under example 1 an aqueous extract is obtained from the leaves.  10. 2002-045157, published on 12 February 2002, concerning "Smallanthus sonchifolia-
Acanthopanax senticosus Harms mixed tea".  This tea is composed of yacon stems and leaves and 
Acanthopanax  bark and leaves, and is used in the treat ment of diabetes, hyperlipidemia and obesity. 
 11. 2003-128571, published on 8 May 2003, concerning " Diabetic  medicine and health food".  
This is made from loquat leaves and an extract from at least one of a variety of plants, including 
yacon. 
 
12. 2003-192603, published on 9 July 2003, concerning "Anti-cancer agent and healthy food".  
Claim 2 refers to an immune function-e nhancing anticarcinogenic agent containing, inter alia , yacon 
leaf extract . 
 
13. 2003-265151, published on 24 September 2003, concerning "Tea for health".  The tea is 
composed of a mixture of 30 parts per weight of dried yacon leaves, 40 parts per weight of dried 
Rubus suavissimus  leaves and 40 parts per weight of dried Acanthopanax senticosus Harms leaves.  It  IP/C/W/441 
 Page 15 
 
 
 is described as having anti-allergen ic properties and is used in the treatment of diabetes mellitus and 
hyperlipidemia and in the prevention of obesity.  
Plant analysis and propagation 
14. 07-209248, published on 11 August 1995 a nd granted on 18 September 1996 as patent 
No. 2090596, concerning "Analysis of polyphenols".  It refers to an analysis by means of an 
electrode, conducted on vegetable tissue (including yacon).  15. 06-292479, published on 21 October 1994, concerning  "Proliferation of yacon".  It refers to a 
method enabling the propagation of genetically stabili zed yacon free of bacterial infection, using a 
growth inhibitor, gibberellin, etc., in a medium c ontaining cytokinin and sucrose, in which the yacon 
plant is cultured.  
Food products 
16. 02-234648, published on 17 September 1990
, concerning "Polynnia sonchifolia extract and 
polynnia sonchifolia juice".  It refers to a juice ( obtained after the removal of skin and pulp residues) 
that is heated at a temperature below boiling point and mixed with salt and an anti-discoloration agent.  
Any remaining hard residue is then remove d and the juice is purified and sterilized. 
 17. 04-075569, published on 10 March 1992
, concerning "Yacon and food and drink prepared 
therefrom".  The yacon is heated with hot water, st eamed, etc., at a temperature of 60-120ºC for 1-60 
minutes, or preferably at 80-100ºC for 3-30 minutes.   The processed product is then used to make a 
health food or beverage, dried powder or chips. 
 18. 04-104772, published on 7 April 1992
, concerning "Food and drink and production thereof".  
The yacon is heat-treated through immersion in hot water, preferably at a temperature of 80-110ºC for 
3-30 minutes, and then ground and treated with an enzyme (preferably cellulase or pectinase) to 
obtain the food product in question.  19. 04-248963, published on 4 September 1992
, concerning "Preparation of agar cake", which is 
made according to the following procedure:  (a) The yacon is peeled, sliced, boiled and drained;  
(b) separately, grated yacon is mixed with lemon juic e and filtered to obtain yacon juice.  The juice is 
then mixed with a sweetener (sugar) or honey, diluted w ith water, boiled, and agar is added.  Finally, 
the yacon slices prepared according to (a) are incorporated into the liquid. 
 20. 04-248964, published on 4 September 1992
, concerning "Preparation of 'yokan'-like agar ice 
cream", which is produced as follows:  (a) The yacon is peeled, cut up into small pieces, mixed with 
sweetener, boiled over a slow fire and drained;  (b ) agar, lemon juice, sugar and honey are separately 
dissolved in hot water;  (c) the yacon prepared accord ing to (a) is then added to the mixture, which is 
stirred while heating, after which the mixture is  taken off the heat and left to cool down. 
 21. 04-248962, published on 4 September 1992
, concerning "Preparation of jam".  The yacon is 
treated with a vitamin C solution, finely grated, a dded with water, a sweetener (e.g. sugar), starch 
syrup, lemon juice and flavouring, and the mixture is  stirred as it boils down to reach jam consistency. 
 22. 04-262747, published on 18 September 1992
, concerning "Yacon jam".  This refers to the 
preparation of a jam composed of yacon, le mon, fruit, sugar or Azuki bean (red bean). 
 
23. 07-284382, published on 31 October 1995, concer ning "Yacon strawberry".  Claim 1 refers to 
a tea containing dried yacon in the form of powder or flakes.  IP/C/W/441 
Page 16  
 
 24. 08-294379, published on 12 November 1996, concerning "Preparation of fermented yacon 
drink".  This refers to a beverage prepared by adding milk or skimmed milk powder to (a) a liquid 
obtained through the fermentation of yacon juice with lactobacillus with a Brix of 10-15 degrees, and (b) yacon juice with a Brix of 10-15 degrees.  
25. 08-308543, published on 26 November 1996,  concerning "Drink preparation and its 
production".  This refers to a beve rage produced by:  (a) Pressing the y acon to obtain juice and solids;  
(b) working the solids into a paste, using an enzyme (cellulase–pe ctinase);  (c) blending the paste with 
the juice;  and (d) adding ascorbic acid and fresh carrot juice.  
26. 08-332046, published on 17 December 1996, con cerning "Production of dried vegetable".  
This refers to a vegetable that is vacuum-dried after slicing into 5-15 mm sections. 
 27. 09-224624, published on 2 September 1997 and granted on 17 March 2000 as patent 
No. 3044337, concerning "Drinking preparation and production of the same".  This refers to a 
beverage containing raw yacon and ascorbic acid or sodium ascorbate, which is produced by:  
(a) washing and heating the raw yacon to remove the pigment;  (b) oxidizing and crushing the yacon to obtain a ground product;  and (c) using ascorbic acid or sodium ascorbate to create the reaction that 
gives the vegetable drink its yellow or orange colour.  28. 10-028566, published on 3 February 1998, concer ning "Production of yacon juice".  The juice 
is obtained by subjecting yacon to the following process:  (a) washing in water;  (b) removal of the 
skin;  (c) immersion in lemon water;  (d) pressing a nd addition of lemon juice;  (e) further pressing to 
extract the juice;  (f) sterilization;  and (g) bottling.  29. 10-218782, published on 18 August 1998, concerni ng "Food material from tuberous root part 
of yacon and its production".  This refers to a powder made from the yacon root, which is produced 
by adjusting the pH of the juice extracted from th e root to 6.5-9.5 and then drying the juice. 
 30. 10-298009, published on 10 Novemb er 1998, concerning "Aid for supplying nutrient to crop".  
Claim 1 refers to a crop supplement containing yacon-based vinegar.  
31. 11-178505, published on 6 July 1999 and gran ted on 11 January 2002 as patent No. 3265471, 
concerning "long-term storage for tuberous root vegeta bles such as beet".  According to the abstract, 
this refers to a process for stabilizing tuberous ro ots with a high water c ontent, such as beet and 
yacon.  The process involves the following:  (a) wash ing the root in water containing chlorine or 
hydrogen peroxide;  (b) bleaching the root through  immersion in a 1-2 per cent saline solution;  
(c) soaking the dried root in a saccharide soluti on for 2-24 hours;  (d) removing the processed product 
from the solution and freezing it at a temperature of -20ºC.  32. 11-178536, published on 6 July 1999 and gran ted on 21 June 2002 as patent No. 3318864, 
concerning "Production of snack food of tuberous roots of beet or the like".  According to the abstract, 
a beet or yacon snack is produced as follows:  The beet or yacon root, whether chopped or whole, is 
pre-treated and immersed in a saccharide solution of 20-65 degrees Brix.  It is then frozen or not as 
the case be may be, fried under reduced pressure, and dried. 
 33. 2000-157233, published on 13 June 20 00, concerning "Squeezing of transparent concentrated 
juice from yacon juice without decomposing fructoo ligosaccharide".  According to the abstract, the 
method consists of extracting the juice from the ya con, adding Vitamin C, subjecting the liquid to 
cold sterilization and removing the extract without the fructo-oligosaccharide undergoing decomposition.   IP/C/W/441 
 Page 17 
 
 
 34. 2000-316505, published on 21 November 2000 and granted on 18 July 2003 as patent 
No. 3451550 concerning "Quality-improving agent of nood le and noodle using the same".  It refers to 
a water-soluble fructo-oligosaccharide obtained from the yacon root, a liquid obtained by separation from the root tuber, or a powder obtained from the water-soluble materials. 
35. 2000-333642, published on 5 December 2000 and granted on 18 July 2003 as patent 
No. 3451545, concerning "Green crushed product of Po lynnia sonchifolia and green juice of Polynnia 
sonchifolia".  The green extract is obtained by re moving the skin of the yacon, treating it with hot 
water to remove a blue pigment, crushing the tr eated plant, obtaining the green extract and again 
treating it thermally.  Another method is to remove th e skin, crush the yacon in air, leave it for a time, 
and then expose it to thermal treatment. 
36. 2001-019664, published on 23 January 2001 and gran ted as patent No. 3039864, concerning 
"Tricaffeoylaldaric acid, its production and its use".  Claim 1 refers to a formula defined in terms of 
its chemical structure.  According to the abstract , the compound is an antioxidant for use in the food 
industry. 
37. 2001-252038, published on 18 September 2001, concerning "Processed food made from 
yacon tuber as main raw material and method for pr oducing the same".  The abstract refers to a 
method of obtaining a food of stable colour (a ju ice) by mixing pulverized yacon tuber with other 
components such as fruits and vegetables. 
38. 2002-101859, published on 9 April 2002, concerning "Yacon soybean milk drink".  Claim 1 
refers to a drink consisting of s oybean milk, yacon juice and honey.  According to claim 2, the yacon 
juice is obtained by pressing the yacon r oot and adding ascorbic acid or its salt. 
39. 2002-119262, published on 23 April 2002, concerning "Method for producing yacon juice".  
The abstract explains that the method consists of  contact-treating the yacon root with a heating 
medium to soften its surface, then removing the sk in, heating and pressing in the presence of an inert 
gas, squeezing out the juice, and heat-sterilizing it by means of conventional processes to obtain the 
yacon juice. 
40. 2002-262816, published on  17 September 2002, concerni ng "Method for yacon processing".  
Claim 1 refers to a processing method, which involves freezing and vacuum-drying the yacon. 
41. 2003-134996, published on 13 May 2003,  concerning "Sake lees-pickled kimuchi", refers to a 
sake-based food product using yac on as a supplementary ingredient. 
42. 2003-225050, published on 12 August 2003, concerning "Dried yacon and method of 
producing the same".  Claim 1 refers to dessicated yacon characterized by containing surface aliphatic 
carboxylic acid and with a 3-13 per cent moisture co ntent by weight.  The detailed description refers 
to citric and ascorbic acids, and the abstract explai ns that the purpose is to obtain dried yacon that can 
be stored for long periods without deteri oration and retain its natural taste. 
43. 2003-231894, published on 19 August 2003, concer ning "Citrus flavour deterioration 
inhibitor, citrus perfume, food and citral cyclization inhibitor".  Claim 1 refers to a yacon extract that 
inhibits deterioration of the citrus flavour system. 
44. 2003-235495, published on 26 August 2003, concerning "Method for producing food using 
yacon".  Claim 1 refers to the process for manufacturing the food by treating the yacon with acidulated water in order to inhibit the activity of an oxidizing enzyme.  The detailed description 
explains that the purpose is to prevent oxidization of the yacon's components, particularly the component known as Kraft oligosaccharide. IP/C/W/441 
Page 18  
 
 45. 2003-299460, published on 21 October 2003, con cerning "Green yacon powder and method 
for producing the same".  Claim 1 refers to a green powder obtained by drying and then grinding 
the yacon leaves and stems . 
46. 2003-299466, published on 21 October 2003, c oncerning "Powdered drink and method for 
producing the same".  Claim 1 refers to a powdere d drink, characterized by a saccharide content 
consisting of the dried powder of the yacon root , containing about 20 per cent fructo-
oligosaccharide by weight. 
47. 2004-173664, published on 24 June 2004, concerning "Yacon processed food product soaked 
in sugar and compound confectionery using the same".   Claim 1 refers to the process for obtaining the 
product, which involves first washing the yacon in cold  water, then cutting and heat-treating it before 
infiltrating the product with sugar by soaking it in a sugar solution. 
48. 2004-173684, published on 24 June 2004, concerning "Yacon tuber chip and method for 
production of the same".  Claim 1 refers to the production process, which involves first washing the 
yacon in cold water, then boiling it to remove the bitt er, astringent taste, cooling, slicing, treatment to 
prevent discoloration, then drying and baking the slices to obtain the chips. 
49. 2004-194663, published on 15 July 2004, concerning "Functional food product".  Claim 1 
refers to a food product containing yacon powde r and yoghurt powder, and which may also contain 
soybean meal.  According to the abstract, the product helps to relieve constipation. 
50. 2004-222703, published on 12 August 2004, con cerning "Pickle of yacon and method for 
producing the same".  According to the abstract, th e pickle is obtained from stems and leaves soaked 
in a pickling liquid at 5-10 °C for 1-30 days.  IP/C/W/441 
 Page 19 
 
 
 CAIGUA 
 
Cyclanthera pedata L.  
 
 
 The scientific name of this resource is Cyclanthera pedata .  However, a review of the Purdue 
University web page10 yielded references to the resource as "caihua", "caygua", "cayua", "korila", 
"achocha", "achokcha" and "wild cucumber";  acco rdingly those terms were included in the search. 
  A search of the US database brought up a docu ment in which the term "cyclanthera" is 
mentioned in the descriptive section:  
• US 6,746,695, published on 8 June 2004, con cerning "Pharmaceutical preparations of 
bioactive substances extracted from na tural sources".  Although the descriptive 
section mentions the Cyclanthera  family among many others, the patent claims 
mention only the species "Kava root". 
  A search for the other terms in the US , European and Japanese databases turned up 
documents, but none relating to the species Cyclanthera pedata, although the documents refer to an 
author's name, to other plants (such as Holothuroidea pedata , Viola pedata , Telphairia pedata , 
Adiantum pedatum L. ), and to the wild cucumber mosaic viru s;  consequently, they are not relevant. 
 
                                                     
 
10 http://www.hort.purdue.edu/ newcrop/SearchEngine.html  Terms used in the search:  cyclanthera, ciclanthera, ciclant era, cyclantera, pedata, caigua, 
caihua, caygua, cayua, korila, achocha, achokcha , and wild cucumber . IP/C/W/441 
Page 20  
 
 SACHA INCHI 
 
Plukenetia volubilis L . 
 
Terms used in the search:  Plukenetia, Pluquenetia, Plucenetia, volubilis, Sacha inchi, Sachainchi, 
Sacha inche, sachainche, sacha, Inca  peanut, Inka peanut, fragariopsis and tetracapidium.  
 
 The scientific name of this resource is Plukenetia volubilis L .  However, a review of the 
Missouri Botanical Garden web page11, turned up references to the resource as Fragariopsis paxii 
Pittier .  The FAO Agricultural Services Bulletin web page12 states that Sacha inchi is a plant that 
grows in tropical forests and that the main producers are in West Africa and Central and South America.  The botanical synonym is Tetracapidium conophorum , and it is also known colloquially as 
"Inca peanut".  Consequently, the latter two names were included as search terms. 
 
 The search in the United States database brought up the following: 
 
• Eight hits for patents referring to inks.  In these documents, although the term 
"plukenetia" is cited in the claims and th e descriptive section, the reference is to 
plukenetia oil generally, without specifying the species used. 
 
• Five applications for patents mention the term "plukenetia" in the claims and the 
descriptive section.  Four of them refer to medicinal preparations in which, although 
the Plukenetia  family is cited in a list of plant families that may possibly be used, the 
Euphorbiaciae  family is cited as the preferred and appropriate source for putting the 
invention into practice.  The fifth document refers to an ink that uses plukenetia oil, 
without specifying the species used. 
 
 Although a search for the term "volubilis" in  the US, European and Japanese databases 
brought up documents, these do not refer to the resource Plukenetia volubilis,  instead referring to 
Cheiranthera volubilis, Dalbergia  volubilis, Dregea volubilis, St reptomyces rochei var volubilis, 
Bowiea volubilis, Wattakaka  volubilis, Bowica volub ilis, Rhynchosia volubilis and Boviea volubilis , 
and they are therefore not relevant. 
 
 A search in the US, European and Japanese databases using the term "sacha" yielded results 
that do not relate to the resource Plukenetia volubilis , referring instead to inventors' names, names of 
authors of publications, a plant, Anthurium andreanum , known as  "Sacha", or to a brand of perfume, 
Sacha A 236,286;  accordingly none of these is relevant. 
 
 A search using the term "Inca peanut" in th e US, European and Japanese databases yielded 
documents which do not, howeve r, relate to the resource Plukenetia volubilis . 
  A further search in the US, European and Japanese databases using the other terms listed 
yielded no documents. 
                                                     
 
11 http://mobot.mobot.org/cgi-bin /search_vast?onda=N12802411  
12 http://www.fao.org/docrep/X5043E/x5043E0a.htm   IP/C/W/441 
 Page 21 
 
 
 CHANCAPIEDRA (Shatterstone) 
Phyllanthus niruri 
 
Terms used in the search: Phyllanthus , Phyllanthus niruri , niruri , Phyllanthus amarus , 
Chancapiedra, Chanca-piedra, Chanca piedra, Shatterstone, Quebra pedra and Phyllanthus 
lathyroides . 
 
 The scientific name of the resource is " Phyllanthus niruri ".  The Tropilab Inc. website13 refers 
to it, however, as Phyllanthus amarus  & niruri , describing it as a plant foun d in Suriname and used in 
ayurvedic medicine, and adding that the species P. amarus  and P. niruri  are closely related.  
Therefore, although both terms have been included as search words, there is a need to ascertain 
whether they are synonyms or whether they refer to closely related species.  The website also 
mentions that the species Phyllanthus urinaria , debilis  and fraternus  are closely related to the 
resource. 
 
 Furthermore, United States patent No. 6,136,316 states that Phyllanthus  species are used in 
southern India as well as in China, the Philippi nes, Cuba, Nigeria, Guam, Africa, the Caribbean, 
Central America and South America.  
 An article in the MEDLINE
14 database explains that Phyllanthus niruri  is a plant used in 
Brazilian folk medicine for the treatment of urolithiasis.   The database searches produced  references to the species Phyllanthus emblica , but these were 
not considered to be relevant. 
 
 There is a need to establish whether the species Phyllanthus urinaria , debilis  and fraternus  
are closely related to Phyllanthus niruri .  Nevertheless, a search conducted using these names yielded 
only references to Phyllanthus urinaria , as follows: 
 
US database 
• US 5,073,545, published on 17 December  1991, concerning "Agent containing an 
ellagic acid series compound for external application and use thereof". 
 
• US 6,066,312, published on 23 May 2000, concerning "Topical composition for 
application to the skin containing an ellagic acid-based compound or salt thereof". 
 
• US 6,080,401, published on 27 June 2000,  concerning "Herbal and pharmaceutical 
drugs enhanced with probiotics". 
 
• US 20040028643, published on 12 February 2004, concerning "Compositions for 
retarding skin ageing". 
 
European database 
• KR 2003063308, published on 28 July 2003, c oncerning "Agent for treating type B 
hepatitis containing Phyllanthus urinaria  and production thereof". 
 
                                                     
 
13Tropilab Inc. web page:  http://www.tropilab.com/black-cat.html  
14http://www.ncbi.nlm.nih.gov/ entrez/query.fcgi?cmd=Retrieve&db=pubmed&dopt=Abstract  
&list_uids=12599017  IP/C/W/441 
Page 22  
 
 • KR 2000031308, published on 5 June 2000, concerning " Phyllanthus urinaria  extract 
used for hepatitis therapy and production method thereof". 
 
• CN 1238211, published on 15 December 1999, concerning "Yexiazhu tablet for 
treating hepatism". 
 
• CN 1234741, published on 10 November 1999, concerning "Pharmaceutical 
composition for treatment of hepatitis B comprising extract of Phyllanthus 
ussuriensis  and/or Phyllanthus urinaria ". 
 
• GB 2331460, published on 26 May 1999, concerning "Pharmaceutical composition 
for the treatment of hepatitis B comprising extract of Phyllanthus ussuriensis  and/or 
Phyllanthus urinaria ".  Same patent family as WO 9807437. 
 
• WO 0196589, published on 20 December 2001, concerning "Lignan compounds with 
antiproliferative properties". 
 
Japanese database 
2002-179581, published on 26 June 2002, concerning "Skin aging inhibitor". 
 
 Without prejudice to a subsequent check to establish whether Phyllanthus niruri  and 
Phyllanthus amarus  are synonyms or closely related species, the results of the search conducted using 
these two terms were as follows:  
US DATABASE 
 The US database search yielded the following documents: 
 1. US 4,673,575, published on 16 June 1987,  concerning "Composition, pharmaceutical 
preparation and method for treating viral hepatitis".  Claim 1 refers to a method for treating viral 
hepatitis using a Phyllanthus niruri extract . 
2. US 4,859,468, published on 22 August 1989, concerning "Compositions and method for 
decomposing adipose tissue".  Claim 1 refers to an extract of Piper angustifolium  and Boldea 
fragrans .  The use of chancapiedra in a comparative trial is mentioned in the detailed description of 
the invention. 
3. US 4,937,074, published on 26 June 1990 , concerning "Method of treating retrovirus 
infection".  Claim  1 refers to a treatment method involving the administration of a component of 
Phyllanthus niruri  having endogenous reverse transcriptase i nhibitory activity.  Claim 11 states that 
this component is obtainable by methanol or water extraction .  The descriptive section mentions 
that this plant is common to India and has been used in ayurvedic medicine. 
4. US 5,529,778, published on 25 June 1996, concerning "Ayurvedic composition for the 
prophylaxis and treatment of AIDS, flu, TB a nd other immuno-deficiencies and the process for 
preparing the same".  Claim 1 refers to a combination of plants, including Phyllanthus niruri . 
5. US 6,136,316, published on 24 October 2000, concerning "Hepatoprotective compositions 
and composition for treatment of conditions related to  hepatitis B and E infection".  Claim 1 refers to 
a polyherbal composition, one of the components of which is Phyllanthus amarus .  IP/C/W/441 
 Page 23 
 
 
 6. US 6,218,183, published on 17 April 2001, concerning "Screening method for the 
identification of plants possessing anti-microbial activ ity and tolerance to abiotic stresses".  Claim 1 
refers to the steps involved in the screening method fo r the identification of such plants.  The plants 
listed in the description of the invention include Phyllanthus amarus . 
7. US 6,440,466, published on 27 August 2002, c oncerning "Composition for treating white spot 
syndrome virus (WSSV)-infected tiger shrimp ( Penaeus monodon ) and a process for preparation 
thereof". The descriptive section states that Phyllanthus amarus  has antiviral properties.  Claim 1, 
however, relates to other plants. 
8. US 6,517,861, published on 11 February 2003, concerning "Composition of herbal biscuits 
for lactating mothers acting as dietary supplemen t and process for preparation thereof".  The  group of 
plants which can be used, as d escribed in claim 4, includes Phyllanthus amarus .  This patent was 
submitted as US Patent A pplication No. 20020136783. 
9. US 6,589,570, published on 8 July 2003, concerning "Pharmaceutical formulation useful for 
the treatment of hepatitis B, hepatitis C and other vi ral infections of the liver and a process for its 
preparation".  Claim 1 relates to three different Phyllanthus amarus extracts. 
10. US 20020054921, published on 9 May 2002, concerning "Use of Phyllanthus  components for 
the treatment or prophylaxis of infections tri ggered by flaviviridae".  Claim 1 refers to the  use of one 
or more Phyllanthus  components  and claim 6 specifies that these are derived  from Phyllanthus 
niruri , Phyllanthus amarus , Phyllanthus urinaria, inter alia . 
11. US 20020182227, published on 5 December 2002, concerning "Treatment of virus using 
chelator and antiviral agent".  The detailed description of the invention states that the  antiviral agent 
can be prepared  from Phyllanthus niruri , inter alia.  
12. US 20020182272, published on 5 December 2002, concerning "Methods of treatment of HIV-
associated conditions".  Claim 1 refers to the method using a chelator and an antiviral agent 
comprising a plant extract. Claim 10 states that this extract may be prepared from a number of plants, 
including Phyllanthus niruri . 
13. US 20020187957, published on 12 December 2002, concerning "Time release reverse 
transcriptase inhibitors".  Claim 1 relates to a composition which reduces the viral serum titer of a 
virus in an amount of at least 20 per cent over a period of at least six hours.  Claim 4 states that the inhibitor compound comprises a plant extract and the lis t of the plants which can be used, as provided 
in the detailed description, includes Phyllanthus niruri . 
14. US 20030068828, published on 10 Apr il 2003, concerning "Novel method for 
chromatographic finger printing and standardizati on of single medicines and formulations".  The 
detailed description mentions that Phyllanthus niruri was used in the work. 
15. US 20030072822, published on 17 April 2003, concerning "Methods for treating disorders 
using plant extracts".  Claim 1 relates to a method of modulating the blood glucose level of a mammal 
by administering an extract of Artemisia.  Th e detailed description states that Artemisia may be 
combined with a second plant, such as Phyllanthus niruri . 
16. US 20030083226, published on 1 May 2003,  concerning "Compos ition having reverse 
transcriptase inhibitor activity".  Claim 1 states that the active compound is foun d in plants and the list 
of possible plants given in the detailed description includes Phyllanthus niruri . IP/C/W/441 
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 17. US 20030104076, publis hed on 5 June 2003, c oncerning "Process for preparing dry extracts".  
The list of plants provided in the detailed description includes Phyllanthus niruri . 
18. US 20040028754, published on 12 February 2004, concerning "Use of Phyllanthus  
component for the treatment or prophylaxis of infecti ons triggered by flaviviridae ".  Claim 1 refers to 
the use of a Phyllanthus  component , while claim 6 mentions Phyllanthus  niruri , Phyllanthus 
amarus  and Phyllanthus urinaria, inter alia . 
19. US 20040033275, published on 19 February 2004, concerning "Method for the production of 
Phyllanthus  extracts".  Claim 1 defines the extraction process, wherein:  (a) Phyllanthus  components 
are extracted with an ethanol/water mixture of 5-85%  m/m to which a heavy-metal chelator is added;  
(b) the extract obtained is contacted and concen trated with (ba) Indian Sterculia gum at a 
concentration of 0.5-5% or (bb) one  or more polymers and (c) the concentrated extract is dried.  The 
application states that the use of Phyllanthus amarus  is preferred. 
20. US 20040161477, published on 19 August 2004, concerning " Phyllanthus -derived 
compounds for the prevention and/or treatment of  disease associated with a retrovirus".  Claim 1 
refers to the use of a Phyllanthus  extract and claim 16 specifies that this extract is obtained from 
Phyllanthus amarus . 
21. US 20040197426, published on 7 October 2004, "Use of Phyllanthus  constituents for treating 
or preventing infections caused by hepatitis".  Claim 1 relates to the  use, for  the purpose of the 
treatment of infectious diseases caused by the hepatitis B virus, of a  Phyllanthus  component , 
derived, according to claim 6, from Phyllanthus niruri , Phyllanthus amarus  and Phyllanthus urinaria, 
inter alia . 
22. US 20040197889, pub lished on 7 October 2004, "Recombin ant expression of hhbv reverse 
transcriptase (rt)".  Claim 11 refers to a method of screening for an HBV-RT (hepatitis B virus) 
inhibitor, which can be pr epared from a plant such as Phyllanthus amarus . 
EUROPEAN DATABASE 
 The following documents were retrieved: 
 
1. IE 890994L, published on 29 September 1989, concerning "Compositions comprising a 
component of Phyllanthus niruri ". 
2. EP 0890360, published on 13 January 1999 an d granted on 2 January 2003, concerning 
"A polyherbal pharmaceutical composition useful in  the treatment of conditions associated with 
hepatitis E and hepatitis B virus infections".  Clai m 1 refers to a polyherbal composition of five 
plants, including Phyllanthus amarus  Linn. 
3. AU 4947700, published on 9 October 2000, concer ning "An enriched fraction prepared from 
Phyllanthus amarus  for the treatment of hepatitis and the preparation thereof".  This patent is a 
member of same patent family as the app lication WO 0056347 (withdrawn on 2 January 2002, 
according to the epoline database)15.  Claim 1 refers to a process for the extraction of Phyllanthus 
amarus  using (i) methanol and (ii) a methanol-water mixture. 
4. DE 10014674, published on 31 October 2001, concerning "Extracting pure hepatoprotective 
agent phyllanthin in high yield from Phyllanthus amarus , by pulverizing and macerating dried leaves, 
percolating with organic solvent, defatting, chroma tographing and crystallizing".  The abstract refers 
                                                      
15 http://register.epo line.org/espacenet/ep/en/srch-reg.htm   IP/C/W/441 
 Page 25 
 
 
 to an extraction process.  The full version of the pa tent is published in German and there is no patent 
family. 
5. WO 03030635, published on 17 April 2003 (withdrawn on 24 November 2004), concerning 
"A herbal hepatoprotective and weight  gain promoter and a process thereo f".  It refers to a polyherbal 
composition of four plants, including Phyllanthus amarus . 
JAPANESE DATABASE 
 The search turned up the following documents: 
 
Preparations for pharmaceutical use 
1. 03-206044, published on 9 September 1991, concer ning "Anti-retrovirus agent".  It refers to a 
chemical compound defined by its chemical stru cture and obtained from an aqueous extract of 
Phyllanthus niruri . 
2. 09-241176, published on 16 September 1997 , concerning "Lipid metabolism improving and 
hepatic disorder suppressing agent".  Claim 1 refers to a lipid metabolism-improving agent, the active ingredient of which is quebra pedra (shatterstone) extract in an organic or aqueous solvent . 
Phyllanthus niruri is mentioned in the abstract. 
3. 2000-319188, published on 21 November 2000,  concerning "Therapeutic agent for 
hyperlipemia".  Claim 1 refers  to an agent with blood lipid-improvement properties, the active 
ingredient of which is Phyllanthus niruri . 
4. 2003-119117, published on 23 Apr il 2003, concerning "Anticariogenic agent and composition 
for oral cavity".  The abstract st ates that the anticariogenic agent can comprise a glucosyltransferase 
inhibitor extracted from a group of plants, including Phyllanthus niruri .  No mention is, however, 
made of this species in the claims. 
Preparations for cosmetic use 
5. 05-070360, published on 23 March 1993 and granted on 13 April 2001 as patent 
No. 3177642, concerning "Androgenic hormone-resistant ag ent".  The abstract refe rs to the extract of 
Japanese and Chinese plants and 14 types of Peruvian  plants, as described in the claims and including 
hierba luisa (herb Louisa or lemon verbena), achicoria  (chicory), matico, cardo santo (blessed thistle), 
chancapiedra (shatterstone), muña, uña de l gato (cat’s claw), kiwicha (love-lies-bleeding) and 
algarrobo (carob tree). 
6. 08-012566, published on 16 Ja nuary 1996, concerning "Inhibitor of tyrosinase activity".  
Claim 1 relates to a tyrosinase inhibitor comprising one or more extracts of (i) chancapiedra 
(shatterstone), (ii) matico and (iii) nettle. 
7. 08-176004, published on 9 July 1996, concerning "Living body-aging preventive and 
composition for skin".  Claim  1 refers to a  Phyllanthus niruri  extract  with antioxidant activity. 
8. 08-231352, published on 10 September 1996, c oncerning "Hair tonic".  Claim 1 refers to a 
hair tonic comprising an extract of certain plants, including Phyllanthus  niruri  (referred to as 
Meniran).  According to the legal status, th is patent was withdrawn on 14 November 2001. 
9. 09-087136, published on 31 March 1997, concer ning "Dermal preparation for external use".  
Claim 2 refers to a skin preparation fo r external use containing an extract of Phyllanthus niruri  IP/C/W/441 
Page 26  
 
 (referred to as Meniram).  The abst ract states that the preparation acts as a melanogenesis inhibitor, 
tyrosinase inhibitor, protease inhibitor and elastase inhi bitor.  According to the legal status, this patent 
was withdrawn on 9 November 2001. 
10. 10-130129, published on 19 May 1998, concerning "Hair dyeing composition".  The abstract 
refers to a hair dye containing an oxidizable agent, an oxidizer and one or more kinds of plant extracts 
selected from Ginkgo biloba , Phyllanthus niruri  and Rosmarinus officinalis . 
11. 2000-336024, published on 5 D ecember 2000, concerning "Cosmetic composition containing 
moisturizing plant extract".  The abstract explains th at the composition contains an extract of at least 
one of the following plants:  uña del gato (cat’s claw), hercampuri, quinoa, sangre de grado (dragon's 
blood), cedrón (herb Louisa or lemon verbena), chancapiedra (shatterstone), paja ro bobo, balsamina 
(balsam), boldo, matico, manzanilla (camomile) and muña. 
12. 2001-261545, published on 26 September 2001, concerning "Skin care preparation for 
prevention of chapped skin".  Claim 1 refers to a composition for external use containing an extract of  
Phyllanthus niruri  or of other plants.  According to the le gal status, the application was withdrawn on 
22 January 2002. 
13. 2002-187843, published on 5 July 2002, concerning "Glucosyltransferase inhibitor".  Claim 1 
refers to a glucosyltransferase inhibito r comprising extracts of plants such as chancapiedra 
(shatterstone).  The abstract explains that the inhi bitor can be used to suppress the formation of dental 
plaque. 
14. 2002-308750, published on 23 October 2002, con cerning "Skin care preparation".  Claim 1 
refers to a preparation for extern al use characterized by containing fine particles which serve as a 
UV filter, and possibly containing an  extract of Phyllanthus niruri  or of other plants (see claim 3). 
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