202/MUM/2007


Ref: Examiner(s) Comments in the Examination Report Dated: 31.10.2012 in the context of Patent Application No. 202/MUM/2007 at CGPDTM

1. Relevant Extract of CGPDTM Examination report

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

“Objections:

The subject matter of claims does not constitute an invention u/s 2(1) (j) of the Patents Act, 1970, as the claim 1 to 5 are not new and do not involve inventive step in view of the prior published document:

D1: TKDL: AM05/810, Sanni Thoda Surathirkku Kudineer, Kandasamy Mudaliar ?Athmarakshaamirtham, Pub: Ilakkana Achagam, Chennai (1879), Page 255?.

D1 discloses the process for preparation of herbal formulation comprising the Capparis sepiaria, Piper nigrum and Trachyspermum ammi along with other various herbs. D1 process involves the water extract of the powdered plants. Therefore, the preparation process claimed in claims 1-5 is not new and as they are not new they do not involve inventive step.”

Full examination report can be referred at 202-mum-2007.pdf

2. Current status & Outcomes of Examination Report

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