5241/DELNP/2007


Ref: Examiner(s) Comments in the Examination Report Dated: 18.03.2013 in the context of Patent Application No. 5241/DELNP/2007 at CGPDTM


1. Relevant Extract of CGPDTM Examination report

Based on search conducted in TKDL database the Examiner concluded:

“Objections:

Subject matter of the claimed invention lacks inventive step u/s 2(1(j)) of the Patents Act, 1970 in view of below cited documents:

D3:MH3/166B Zimaad-e- Iklil-ul- Jabal
Useful in the Treatment of following Diseases : Chronic Inflammation(Waram-e-Muzmin),
IPC Codes : A61K 36/53, A61P 29/00
Knowledge Known Since : 200 years
Bibliography : Muheet Azam,
Keyword(s)/Ingredient(s) : Rosmarinus officinalis Linn. (Iklil-al-Jabal / Libanutis) ,

D4:NA2/152D Raughan-e- Aklil-ul- Jabal
Useful in the Treatment of following Diseases : It is stimulant,rubefacient
IPC Codes : A61K 36/53
Knowledge Known Since : 100 years
Bibliography : Khazaain al Advia, Keyword(s)/Ingredient(s) : Rosmarinus officinalis Linn. (Iklil-al-Jabal / Libanutis) ,

D3 also suggests the topical application of the rosemarry in case of inflammation of the skin and D4 suggests its use as rubefacient .

Claims 1 to 19 falls under section 3(p) of the Patents Act, 1970 as medicinal property of all the plants and the minerals given the composition claim are known in traditional knowledge.The invention as claimed is traditional knowledge and aggregation or duplication of known properties of traditionally known components.”

Full examination report can be referred at 5241-DELNP-2007.pdf

2. Outcomes of Examination Report

As the outcome of TKDL references and other documents cited in examination report, the Application is Abandoned U/S 21(1).