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 Ricinus communis (castor), Curcuma longa (turmeric), Ocimum sanctum (basil) and cow milk for the treatment of Jaundice, Obstructive Jaundice, Hepatitis, Liver Disease and Diabetes Mellitus from the books – Yugi Munivar Vaithiya Chinthamani by Yugi (Siddha, Exhibit 1), Bharata Bhaisajya Ratnakara (Ayurveda, Exhibit 2 & 11), Kitaab-al-Haawi-fil-Tibb, Vol.V by Abu Bakr Mohammad.Bin Zakariyya Al-Razi (Unani, Exhibit 3), Al-Jaam'e-li-Mufradaat-al-Advia-wal-Aghzia, Vol. III by Ziya Al- Din Abdullah Ibn Al- Baitar (Unani, Exhibit 4), Qaraabaadeen Najm-al-Ghani by Mohammad Najmul Ghani Khan(Unani, Exhibit 5), Khazaain-al-Advia, Vol III by Mohammad Najmul Ghani Khan (Unani, Exhibit 6), Ilaaj-al-Amraaz by Mohammad Shareef Khan (Unani, Exhibit 7), Khazaain-al-Advia, Vol II by Mohammad Najmul Ghani Khan (Unani, Exhibit 8 & 10), Bhaisajya Ratnavali by Govinda Dasa (Ayurveda, Exhibit 9) and Yogaratnakarah (Ayurveda, Exhibit 12).

2. Relevant Extract of CGPDTM Examination report

CGPDTM Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 1, 2 & 5 are reproduced below.

“The following objections are hereby communicated

Objections:

Reference is made to following documents; D1;Bherata Bhai Ratnekara compled prio art 312 by Nagnasadesa Changanalesha transalted by Gopinath Gupta Vol. I B. Jain Publishres New Delhi Edn. 2nd Reprint August 1999, TKDL Refrences Page 312; (AB/1024) D2; Harita Samhita Trnsalted by Hariharaprasada Tripathi Chaukhambha Krishnana das Academy ( Varanasi Ist 2005; TKDL Reference AJ/416; D3; Khazaiin ?al-Advia VOL II 20th Century AD ( naddem Prinuiter Sheikh Mohd Bashher & Sons Lahor 1911, Page 185-187 TKDL Reference AN/2172 Subject-matter claimed in claims 1-7 is not meeting requirement of section 2 (1) (j) of Patents Act being obvious over document D1-D3; Document D1 teaches use Curcuma Longa ( turmeric) for treating Jaundice; Document D2 teaches use of Cow milk for treating Jaundice; Document D3 teaches use Ocimum Sanctum (tulsi) treating Jaundice Therefore, combination of D1-D3 for treating is obvious to person skill in the art, therefore no inventive step may be acknowledged;

Subject-matter claimed in claims 1 is not patentable u/s 3 (p) of Patents Act( see for instance the documents filed with pregrant opposition filed under section 25(1) of the Act.)

It is to inform you that an opposition has been filed by way of representation U/s.25 (1) found to be relevant . Please find enclosed herewith a copy of the representation received from Opponent. For details refer exhibits filed with pregrant opposition .You are required to file your statement and evidence if any, in support of your application as per Rule 55 (3) & 55(4) of the Patents Rules, 2003 as amended by 2006.”

Full examination report can be referred at 1506-MUM-2011.pdf

3. Current status & 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.