Journal of Intellectual Property Rights Vol 7, November 2002, pp 530-535

Patenting in Saffron

Madhu Sahni

National Institute of Science Communication,Dr K S Krishnan Marg,New Delhi110012

(Received 26 July 2002)

Saffron has been cultivated for thousands of years to be used in medicines, perfumes, and dyes and as a wonderful flavouring agent for foods and beverages. The present study examines the patenting activity in saffron using different databases, namely, US patent database, PCT database, database of EPO, Japanese patent database, INPADOC database, and Ekaswa-A and Ekaswa-B patent application database maintained by TIFAC. The patenting activity was found to be maximum in China, followed by Japan, Germany, Spain, Canada and Europe. Each country has evolved its own niche.

Saffron (Crocus sativus Iridaceae), a low most expensive spice, it is still within the ornamental plant with grass-like leaves reach of every home2. and large lily-shaped flowers, produces The plant is a native of south Europe orange-red stigmas, which constitute the and is cultivated in Spain, France, Italy, saffron of commerce. The saffron flowers Greece, Turkey, Persia, India and China. in autumn and is dormant during the Spain and Iran are the largest producers summer months. Flowers are lilac to accounting for more than 80% of the mauve, but the outstanding feature of the world’s production. In recent years, yield flower is its three bright red stigmas 25- has enormously increased and Iran now 30 mm long, which droop over the petals. produces more saffron than Spain and has A white-flowered form of saffron is become the world’s number one producer known, but the stigmas are not as large. It and accounts for 95% of world’s inhabits the European continent, and is production. France, Switzerland, Italy, frequently cultivated for the sake of the Germany, Taiwan and Kuwait, each yellow stigmas, which are used in importing one to five tonnes of saffron medicinal preparations, colouring and worth 4,35,000 to 1.9 million dollars are flavouring food items1. the major importers of Iranian saffron3. With its strong, exotic and bitter taste, Considerable quantities of saffron are saffron is named among the sweet imported into India, principally from smelling herbs, as the Song of Solomon. Spain and France. India exports a small The plant was also known to the ancient quantity of saffron to Arabia, Bahrain Greeks and Romans.Inspite of being the Islands, Burma, Hong Kong and other 531 SAHNI: PATENTING IN SAFFRON

neighbouring countries. Exports of dry spice (whether ground or as a whole) saffron declined sharply from 1942-43 directly for cooking is not favourable. In onwards and completely ceased from middle east countries , saffron is used to 1944-45,but it gained the pace during the prepare an oil based perfume called year 1990 and onwards. Spain accounted ‘Zaafran Attar’, which is a mixture of for 60 to 98 % of India's exports over the saffron and sandalwood4. years. During the year 1994-95, India Saffron pigments are used as natural exported more than 4 tonnes of saffron colours in the manufacture of certain (in the form of stigma and stamen) valued cosmetics. A saffron yellow pigment is at Rs 13 million to various countries1. used to stabilize light sensitive insoluble In Kashmir, saffron is grown over an drugs. A hair tonic containing minoxidil area of 3,000 hectare, producing 9,000 kg and a saffron extract has synergistic effect of dry saffron (stigma + style). The on promoting hair growth. A natural productivity, however, remains low antioxidant 3,8-dihydroxy-1-methyl- (2-2.5 kg/ha) as compared to 4-5 kg/ha in anthraquinone-2-carboxylic acid, isolated Spain .The quality of the final product from stem callus, has a better antioxidant varies with the method of extraction of activity than vitamin E in the inhibition of floral parts and their subsequent oxidation of linoleic acid. A novel treatment. The final product as sold in the xanthone-carotenoid glycosidic conju- bazaar is a loosely matted mass of dark, gate, mangicrocin isolated from saffron reddish brown flattened stigmas with a showed significant adaptogenic activity1. characteristic aromatic odour and bitter Saffron has various medicinal taste. They are glossy and unctuous to the properties. It is used as a nerve sedative touch when fresh, but after keeping they and emmenagogue. It is used occasionally become dull and brittle1. in exanthemata diseases to promote Saffron is used principally for its eruptions. Saffron is used in fevers, colouring and flavouring properties. It is melancholia and enlargement of the liver. used for colouring butter, cheese, It has also stimulant and stomachic puddings, pastry and confectionery. properties and is considered to be a Saffron is rather unique among spices in remedy for catarrhal affections of that its main aroma and colour children. In modern pharmacopoeias, it is components are water-soluble; therefore, employed only to colour other medicines the stigmata may be soaked overnight in or as a cordial adjunct.It has been water, filtered and then water is added, employed as an abortifacient and several which gives a pure and homogeneous fatal cases have been recorded. Saffron colour. In another method preferred in bulbs are toxic to young animals, and Persia and India, the powdered spice is stigmas in overdoses are narcotic. In high extracted with a little milk, and kept for dosage, saffron exhibits toxic qualities; half an hour, the milk gets the deep allegedly, it has even been tried as an colour of egg yolk and is useful for abortivum. Due to its high price, saffron colouring biriyanis or sweets. Using the poisoning occurs very rarely1. J INTELLEC PROP RIGHTS, NOVEMBER 2002 532

Traditionally, it is also being used for ttl/“saffron” or ttl/“crocus sativus” or the treatment of ailments of bladder, ttl/“keshra” or ttl/“zaffer” or ttl/“kum kidney and liver and also for cholera. It is kuma” abst/“saffron” or abst/“crocus applied locally in case of freckles, ascitis, sativus”) or abst/“keshra” or abst/ and naevi. Saffron is used as a memory “zaffer”or abst/“kum kuma” enhancer and for the treatment of ulcer, headache and myopia. Mixed with rose The query resulted in a list of 8 patents. water, it is used as eye drops, mixed with Of these, only one patent that did not ghee and sugar, it is given for migraine relate to saffron was removed leading to a and, mixed with milk, it acts as a tonic for set of only 7 patents. The search query skin and brain. In Unani medicine, was further refined in the US patent saffron is used to reduce inflammation, database by searching in the patent claims for treatment of enlarged liver and in as below: infection of the bladder and kidneys. As an ingredient in recipes, saffron is useful aclm/“saffron” or aclm/“crocus sativus” in menstruation disorders and painful or aclm/“keshra” or aclm/“zaffer” or labour, and for strengthening the heart aclm/ “kum kuma” and as a refrigerant for the brain. In winters, mixed with milk, it is given to The searches led to 23 patents. After children to prevent them from cold. Its removing the patents that did not relate to paste is applied on the forehead. Extracts saffron or those obtained in the earlier of saffron, Nigella sativa, Ixora javanica search, a set of 9 patents was obtained. and Saraca asoca are principal Thus, in all 16 patents were taken for constituents of a preparation used for the analysis from the US patent database that treatment of cancer in the Indian system were relating to technological innovations 2 of medicine . in saffron. Saffron is frequently adulterated with A search in the PCT electronic styles, anthers and parts of corolla of database of World Intellectual Property saffron. Organization (WIPO) was made using the

Data and Methodology query “saffron” in the title or the abstract. To analyse the patenting activity in The search gave only one international saffron, different patent databases were patent application published under the used, namely, US patent database5, WIPO PCT on the process for obtaining an database on PCT applications6, Europe extract of saffron. The search in the network of patent databases including worldwide patent database maintained by JPO and the worldwide patent databases7. the European Patent Office gave 173 The search on US patent database was patent applications published worldwide made in the full text of all US patents in over 50 countries. Of these, after issued since 1790 up to March 2002 using removing overlaps or such patents that the Boolean search on the title or abstract did not relate to saffron, a set of 138 using the following search query: patent applications was obtained. 533 SAHNI: PATENTING IN SAFFRON

Similarly, the search in the title or further indicated that during 1950, only abstract of the Japanese patent database10 UK granted patents for inventions resulted in 69 patent applications. relating to saffron. In all, there were only A search was also made in the 6 patents during 1920-57. Major patent INPADOC database8 available on the activity in saffron started from the year National Informatics Centre (NIC), New 1990. During 1990-2001, maximum Delhi site. The search resulted in a total number of patents were granted by China of 33 patents on saffron. The search in (100) followed by Japan (48), US (8), Ekaswa-B9 database of patent EPO (6), Germany (5), UK (4), Spain (4), applications notified for opposition by Canada (3), France (1), Russia (2), Indian patent office, and maintained by Australia (1), Taiwan (1) and Italy (1) TIFAC, New Delhi, did not contain any (Table 1). Indian inventors received none patent application on saffron. However, of the patents in saffron. Most of the Ekaswa-A database of patent applications patents are for the process of culturing of filed in India since 1995 till March 2001 selected stigmas of saffron plant to get showed that only two patent applications another good quality of the plant. Some were filed by the same person from of the patents relate to the preparation of Switzerland for saffron essence and saffron beverage. A few of them deal saffron spirit. with the process for obtaining an extract Thus, in all, 259 patents were taken for of saffron that can be used as a substitute analysis that exclusively related to the for saffron and artificial dyes. patenting activity on saffron. The analysis Technology and R&D focus of some of the patenting activity was made at two selected countries is discussed below: levels. First, the data were examined with respect to the trends in the growth of the China patenting activity along with the In China, patent activity started during identification of countries active in R&D the year 1992 and was maximum in the and patenting on saffron. Secondly, the year 2000. Patent data analysis found that patent data were examined by looking the maximum patents were for the use of into the title, abstract or patent claims to saffron as an ingredient for the ascertain the novelty and usefulness of preparation of medicines for treatment of technological innovations. The data for various ailments, also for the preparation the inventor’s country was also used to of ointment for bone healing, fracture find the countries active in R&D. settlement, bone growth, blood cleaning pills, curing diabetes, curing burns, curing Trends in Patenting of senile cataract, osteoporosis, leukemia The analysis of the data for 259.patents and other forms of cancer. Patents were indicated that maximum patenting also for making saffron flavoured activity relating to saffron was in China beverage, saffron extract, medicated followed by Japan, Germany, Spain, wines for curing rheumatic arthritis and Canada, Russia and Europe. The data leukemia, for preparing sunscreen agents, J INTELLEC PROP RIGHTS, NOVEMBER 2002 534

Table1—Year-wise saffron patents in USPTO and EPO

Country 1920-57 1958-89 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 Total China 3 3 1 7 7 12 14 15 20 18 100 Japan 21 3 6 5 9 2 6- - 2 5 6 3 1 69 US 2 1 2 2 1 1 1 8 EPO 1 1 1 1 1 1 1 6 Germany 1 1 3 1 5 UK 6 2 1 1 1 4* Spain 1 2 1 4 Canada 1 2 3 France 1 1 1 Russia 2 2 Australia 1 1 Taiwan 1 1 Italy 1 1 PCT 1 1 *Date for one patent is not available

medicinal pills for treating lung diseases, of cardamom, clove, ginger, cinnamon, bone setting powder for fractures, paste saffron and/or black pepper to prepare for treating leukoderma, leuoplakia valve microcapsules and then packing black tea especially coronary, ointment for together with the microcapsules in a tea relaxation of muscles and joints. bag. It is also being used as an anti-oxidant Japan in cosmetics. Maximum patent activity in Japan has been during the years 1989 to 2000. UK Patenting activity started from the year In UK, the patent analysis shows that 1982 and was maximum in 1989 and has patents are mainly for the use of saffron continued till today. The main focus of in making savory rice dishes, new the patenting activity has been the glucose extract of meadow saffron and utilization of saffron as a colouring agent, process for preparing the same,as an essence, beverage and cosmetics. Several ingredient for preparing the medicine for patents have been granted for the use of relaxation of muscles and joints and for saffron as a colouring agent for food. It is face packs. also being used for the production of chai. The method comprises Spain encapsulating a vegetable gum such as Patent analysis shows that saffron gum arabic or xanthan gum and extracts patents are for its use an ingredient in the 535 SAHNI: PATENTING IN SAFFRON

preparation of medicinal creams for burns ingredient in medicines and beverages. and bruises, skin treatment, for producing India in spite of its being a resource rich stigma like tissues,also for preparing country has not made any attempt in this extract of saffron, saffron flavoured direction. beverage and saffron liquor. Acknowledgement Germany The author expresses sincere thanks to According to the patents filed in Shri V K Gupta, Scientist, National Germany, patent activity is mainly on the Institute of Science, Technology and use of saffron for making dessert rice Development Studies, New Delhi, for his dish, for preparing a tonic wine, which valuable suggestions which helped in promotes blood circulation, relaxes improving the earlier version of this muscles and joints. paper.

Conclusion References The patenting activity on saffron 1 Wealth of India CD ROM Database (National indicates a spurt in R&D activity in Institute of Science Communication, New countries other than India. They have Delhi) 2000 exploited these vast traditional 2 Handbook of Herbs and Spices, edited by K V bioresources for commercial gain leading Peter (Woodland Publishing Ltd, England) 2000,276-286. to innovative products, processes and 3 http://www.netiran.com applications. The analysis of the patenting 4 http://www-ang.kfunigraz.ac.at/~katzer/eng activity on saffron brings out the 5 US Patent database, United States Patent and emerging technological directions Trademark Office, Washington DC covering a wide range of its applications. (www.uspto.gov) The overall thrust of the technological 6 PCT patent database, WIPO, Geneva (http://pctgazette.wipo.int) applications is to make use of the 7 Europe's network of patent databases: (i) properties of saffron or its extract as an Worldwide documents, and (ii) Japan, ingredient. The unique characteristics that European Patent Office, Munich have been exploited commercially relate (http://ep.espacenet.com) to its use as a colouring agent in food 8 INPADOC database of National Informatics products, in medicine, beverages and as Centre (NIC), New Delhi. 9 Ekaswa A & Ekaswa B database, Patent an ingredient in cosmetics. It is observed Facilitating Centre, TIFAC, New Delhi that countries like China and Japan have (www.indianpatents.org) carried out research work mainly in the 10 Japanese patent database (www.ipdl.jpo.go.jp) area of its use as a colouring agent, as an 11 http//www.crop.cri.nz