109/DELNP/2007


Ref: Examiner(s) Comments in the Examination Report Dated: 08.03.2010 on TKDL References in the context of Patent Application No. 109/DELNP/2007 at CGPDTM


1. Pre-Grant Opposition under Section 25.(1) of Indian Patent Act 1970

TKDL Pre-Grant Opposition under Section 25.(1) brought to the notice of examination division the prior art references on the use of Azadirachta indica (neem), Hypericum perforatum (klamath weed), Rosmarinus officinalis (rosemary), Bees wax/ Cera and Olea europaea (Common olive ) have been used for the treatment of Acute Abscess, Chronic Inflammation, Ulcer / Wound Healing, Cold Abscess, as Resolvent, Anti-inflammatory, Analgesic;restoring normal sensation and Cicatrizant/ Healing agent from the books – Khazaain-al-Advia, Vol III by Mohammad Najmul Ghani Khan (Unani, Exhibit 1,2 & 5), Yogaratnakarah (Ayurveda, Exhibit 3), Al-Jaam'e-li-Mufradaat-al-Advia-wal-Aghzia,Vol. IV by Ziya Al- Din Abdullah Ibn Al- Baitar (Unani,Exhibit 4), Al-Jaam'e-li-Mufradaat-al-Advia-wal-Aghzia, Vol. II by Ziya Al- Din Abdullah Ibn Al- Baitar (Unani, Exhibit 6), Khazaain-al-Advia, Vol II by Mohammad Najmul Ghani Khan (Unani, Exhibit 7) and Muheet-e-Azam, Vol. I by Mohammad Azam Khan (Unani, Exhibit 8).

2. Relevant Extract of CGPDTM Examination report

CGPDTM Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 2 are reproduced below.

“Claims 1-9 fall within the scope of such clause (p) of section 3 of Patents Act 1970 as it is well known in that neem oil is used as disinfectant and hypericum has healing effect in view of citation BP/2472A Kaphajayoenirogaharaudumbar¢ditailam (01) Useful in the Treatment of following Diseases:
Trichomoniasis (Slaismika yonivyapada)
Knowledge Known Since: 1000 years
Author : Caraka Samhita.”

Full examination report can be referred at 109DELNP2007.pdf

3. Outcomes of TKDL References in Examination Report

As the outcome of Examination Report based on TKDL Search and other documents cited in examination report, the examination is under process and reply is still awaited from the Applicant PHYTOCEUTICALS LTD/ Switzerland.