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 Acorus calamus, Clitoria ternatea, Glycyrrhiza glabra (licorice), Elaeocarpus sphaericus Syn. E. ganitrus Roxb., Bacopa monnieri and Centella asiatica as Intellect promoting, Brain tonic, Memory enhancer, nervine tonic and used for the treatment of Psychosis / Insanity / Mania, Mental deficiency, Neurological diseases, epilepsy, Neuralgia, Amnesia, Idiopathic psychotic syndrome, Anaemia, Hysteria and Diseases of brain and nerves from the books – Vrndamadhava by Madhavah (Ayurveda, Exhibit 1), Khazaain-al-Advia, Vol. I by Mohammad Najmul Ghani Khan (Unani, Exhibit 2, 5, 6 & 7), Bhavaprakasa by Bhavamisra (Ayurveda, Exhibit 3 & 10), Muheet-e-Azam, Vol. I by Mohammad Azam Khan (Unani, Exhibit 4), Rajanighantauh by Pandita Narahari,(Ayurveda, Exhibit 8), Arkaprakasah by Lankapatiravana,(Ayurveda, Exhibit 9), Therayar Venba by Therayar, (Siddha, Exhibit 11), Ayurveda Sarasamgrahah, (Ayurveda, Exhibit 12) and Vangasena by Vangasena,(Ayurveda, Exhibit 13).

2. Relevant Extract of CGPDTM Examination report

CGPDTM Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 3 & 4 are reproduced below.

“Objections:

Not withstanding above mentioned objections, Claims lack inventive step u/S 2(1)( ja) of the Act in view of cited prior art documents. Refer the list of documents with date of publication (PRIOR ART) in enclosed TKDL documents. D1: HG/796, D2: NA2/504H, D3:RS/5205 and D4: BD/105.
The claimed herbs are well known in the prior art for use in treatment of brain/memory related disorders.

D1 discloses the use of Acorus calamus, Bacopa monnieri, Clitoria ternatea and Glycyrrhiza glabra as an intellect promoting medicine and also for treatment of mental deficiency.

D2 discloses the use of Centella asiatica for treatment of neurological diseases.

D3 discloses the use of Elaeocarpus sphaericus for treatment of headache, idiopathic psychotic syndrome.

D4 discloses "Medha vartak yog" which comprises Bacopa monnieri and Acorus calamus for its intellect promoting ability.

It would have been obvious to a person skilled in the art to have arrived at the instantly claimed composition from the disclosure of cited TKDL documents.

Claims 1-7 are not patentable u/S 3( p ) of the Act as they relate to Traditional knowledge. The herbs are traditionally known for treatment of neurological disorders.”

Full examination report can be referred at 1167-CHE-2009.pdf

3. Current Status & Outcomes of Pre-Grant Opposition & Examination Report

As the outcome of TKDL Pre-Grant Opposition and other documents cited in examination report, the examination is under process.