1. Third Party Observations under article 115 of EPC
TKDL third party submission under Article 115 EPC brought to the notice of examination division the prior art references on the use of Andrographis paniculata (false waterwillow) and Mentha arvensis/Mentha aquatica (Mint) for the treatment of influenza, fever and epidemic fever from the books namely Cakradattah by Cakrapanidattah (Ayurveda, Exhibit 1), Bhaishajya Ratnavali by Govinda dasa (Ayurveda, Exhibit 2), Kitaab-al-Haawi-fil-Tibb, Vol.XVI by Abu Bakr Mohammad.Bin Zakariyya Al-Razi (Unani, Exhibit 3), Qaraabaadeen Azam wa Akma by Mohammad Akmal Khan (Unani, Exhibit 4).
2. Relevant Extract of EPO Examination report
EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 2 are reproduced below:
“The Representative was informed that upon reviewing whether objections field by third party apply to the present application, it was realized that claim 1, in the present form, encompasses the possibility of comprising only:
- medical acceptable vectors
- and other herbs for removing fever and detoxification.
This situation arises when the option “or” is chosen from two possibilities “and/ or” of claim 1. In such a case the pharmaceutical composition does not comprise active ingredients including: herba houttuyniae, caulis lonicerae japonicae, radix isatidis and radix et rhizome sophorae tonkinensis and the observation filed by third party may apply.”
Full examination report can be referred at EP1849473.pdf
3. Outcomes of Third Party Observations & Examination Report.
As the outcome of TKDL third party and other documents cited in examination report Applicant LIVZON PHARMACEUTICAL GROUP IN [CHINAN], decided to amend the claims on 02.07.2010. Decision to Grant a European Patent Pursuant to Article 97(1) EPC on 09.12.2010. The examination of the application is under progress.
Analysis of amendment of claims
"The Applicant originally claimed the usefulness of rhizoma paridis, herba artemisiae annuae, Java brucea fruit, herba andrographis, dandelion, mint, platycodon grandiflorus, Chinese licorice and/or medical acceptable vectors for removing fever, detoxification and for the treatment of Avian Influenza to be novel. TKDL submitted its prior art evidences stating the usefulness of Herba andrographis (Andrographis paniculata) and Mint (Mentha arvensis/Mentha aquatica) for the treatment of influenza, fever and epidemic fever. Based on the TKDL evidences and Examiner’s report the Applicant amended the claims only with regards to making medical acceptable vectors compulsory. All the other ingredients remain same. |