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 Piper nigrum (Black Pepper), Celastrus paniculatus (Jyotismati), Hibiscus rosa-sinensis, Trachyspermum ammi (ajowain), Pogostemon cablin (patchouli) and Cocos nucifera (coconut) for the treatment of Psychosis/Insanity/Mania, Delirium, Idiopathic psychotic syndrome and as Memory enhancer and Brain tonic from the books – Bharata Bhaisajya Ratnakara (Ayurveda, Exhibit 1), Sahastrayoga by Govt of India (Ayurveda, Exhibit 2 & 10), Caraka Samhita by Agnivesa (Ayurveda, Exhibit 3), Sarngadhara Samhita by Sarngadharacarya (Ayurveda, Exhibit 4), Rajanighantauh by Pandita Narahari (Ayurveda, Exhibit 5), Madanapalanighantauh by Madanapala (Ayurveda, Exhibit 6), Khazaain-al-Advia, Vol III by Mohammad Najmul Ghani Khan (Unani, Exhibit 7), Muheet Azam, Vol. IV by Mohammad Azam Khan (Unani, Exhibit 8 ), Ilaaj-al-Amraaz by Mohammad Shareef Khan (Unani, Exhibit 9), Pulippani vaithiyam 500 by Pulippani (Siddha, Exhibit 11) and Bhaisajya Ratnavali by Govinda Dasa (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 are reproduced below.

“Objections :

Reference is made to following documents;

D1; Bharata Bhaisajya Ratnakara ?complied by Naginadasa Changanalala Saha, Translated by Goipnathi Gupta- Vol1, B. Jain Publishes By New Delhi, Edn 2 nd Reprint, August 1999 [ this book contains back references from 1000 BC t0 20th Century ] , Traditional Knowledge digital library TKDL,
Page no 278;

D2; Sarngadhara Samhita, Translated by Smt.Shailaja Srivastawa, Chukhambha Orientalia, Varanasi Edn, 1998 [Time of origin 13th century], Traditional Knowledge digital library TKDL, Page no 169-170.

D3; Shastrayoga, translated by D.V. Panditarao; Central Council for research in Ayurveda and Siddha, New Delhi, 1990, [this book contains back references from 1000 BC to 20th Century], page no 289, Traditional Knowledge digital library TKDL

Subejct-matter claimed in claim 1-13 is not meeting requirement of section 2 (1) (j) (a) of Patents Act being obvious over document D1-D3;
Document D1 discloses use of piper nigrum fruits for treatment of pyschosis, insanity, mania, stress related disease;
Document D2 disclsoes use of Trachypermum ammi (ajowan) seeds as powder for curing pyschosis, insanity, mania, stress related disease;
Document D3 disclsoes use of Hibiscus rosa-sinensis flowers for curing pyschosis, insanity, mania, stress related disease;
Therefore, combining use of the above hers or use of plant parts, extract in the form of oil for curing stress related disease is on obvious use of the combination of the known herbs material, therefore no inventive step may be acknowledged”

Full examination report can be referred at 2632-MUM-2009.pdf

3. Outcomes of TKDL References in Examination Report

As the outcome of TKDL Pre-Grant Opposition and other documents cited in examination report, the examination is under process and reply is still awaited from the Applicant MARICO LTD/ India.