1959/MUM/2008


Ref: Examiner(s) Comments in the Examination Report Dated: 21.02.2012 on TKDL Submission Dated: 25.01.2012 in the context of Patent Application No. 1959/MUM/2008 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 Zanthoxylum alatum, Zingiber officinale (Ginger), Piper nigrum (Black Pepper), Piper longum (Long Pepper), Cuminum cyminum (Cumin) and Ferula narthex (asfoetida) as Digestive, Carminative, Appetizer, for promoting digestive fire, Promoting desire for food and relish (rocana) and also for the treatment of Diseases of digestive system including Dyspepsia/Loss of appetite, Indigestion and various Digestive disorders from the books – Muheet-e-Azam by Mohammad Azam Khan (Unani, Exhibit 1), Aryabhisaka by smkaradajisastripade; (Ayurveda, Exhibit 2 & 3), Athmarakshaamirtham by Kandasamy Mudaliar (Siddha, Exhibit 4), Agathiyar vaithia kaviyam by Agasthiyar (Siddha, Exhibit 5) and Bhaisajya Ratnavali by Govinda Dasa (Ayurveda, Exhibit 6).

2. Relevant Extract of CGPDTM Examination report

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

“Objections:

please note that a pre-grant opposition has been filed under section 25(1) of the Patents Act,(as amended) by Council of Scientific & Industrial Research Anusandhan Bhawan, New Delhi, the copy of the pre-grant representation is attached here with for your para wise comments, with respect to the cited documents clearly,

You are requested to comply with the objections by filing your reply by way of explanation and/or amendments within 12 months from the date of issue of FER failing which you application will be treated as "Deemed to have been abandoned" under section 21(1) of the Act. The last Date is 21/02/2013.”

Full examination report can be referred at 1959_MUM_2008.pdf

3. Outcomes of Pre-Grant Opposition & Examination Report

As the outcome of TKDL Pre-Grant Opposition and other documents cited in examination report, no reply was filed from the Applicant VAN VET PVT LTD/ INDIA and application was abandoned on 15.03.2013.