TKDL third party submission under Article 115 EPC brought to the notice of examination division the prior art references on the use Tagetes erecta. (Marigold), Aloe barbadensis (Indian aloe), Centella asiatica (Brahmi) for the treatment of wound and as a Cicatrizant/healing agent from the books – Madanapalanighantauh by Madanapala (Ayurveda, Exhibit 1), Kaamil-al-Senaa'h, Part II by Ali Ibn Abbas Majoosi (Unani, Exhibit 2), Quaraabaadeen Azam wa Akmal by Mohd. Akmal Khan (Unani, Exhibit 3), Quaraabaadeen Azam wa Akmal by Mohd. Akmal Khan (Unani, Exhibit 4), Khazaain-al-Advia by Mohd. Najmul Ghani Khan (Unani, Exhibit 5), Muheet Azam by Mohd Azam Khan (Unani, Exhibit 6), I'laaj-al-Amraaz by Mohd. Shareef Khan (Unani, Exhibit 7) and Khazaain-al-Advia by Mohd. Najmul Ghani Khan (Unani, Exhibit 8 & 9).
EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 2 and Para 3 are reproduced below:
“ Prior art to be taken into consideration:
D13: Vogler. 1999. Aloe vera: a systematic review of its clinical effectiveness. British Journal of General Practice(49), 823-828.
D14: Blumenthal et al Ed. 1998. ISBN-09655555.0.x. The complete German Commission e Monographs, Therapeutic Guide to herbal Medicines. Calendula flower. p100
D15: Exhibit 7 provided by a third party with letter dated 19.04.2010.
D13 describes the use of Aloe vera for the treatment of skin problems such as burns and sores above others (P.824, Table 1).
D14 describes the use of Calendula officinallis for the healing of wounds.
D15 describes the use of Centellae asiatica for the treatment of malignant ulcers through topical application.
Claims 1-10 are not in accordance with the requirements of Art.56 EPC because:
The claimed composition consists in the combination of Calendula officinallis, Aloe vera and Centellae asiatica.
In view of the prior art D13, D14 and D15, the combination of these plants would be obvious for the treatment of skin diseases and healing of wounds.
The combination of a plant with a known therapeutic effect with further plants with the same known therapeutic agent, wherein all plants are previously known for treating the same disease is also considered to be an obvious combination. In this regard, it would normally be expected that such combinations of medicinal plants would be more effective than each of the medicinal plants when applied separately (additive effect).”
Full examination report can be referred at EP2008661.pdf
As the outcome of TKDL third party and other documents cited in examination report Applicant M/s Spannagel, Lucia Antonia Guemes 235, barrio Los Eucaliptos Villa Carlos Paz Provincia de Cordoba / Argentina [2009/01], decided not to pay the renewal fee of his 3 years old application filed on 05.05.2008, which he did pay for 3 years. Application was deemed to be withdrawn on 05.01.2011 and closed on 14.04.2011.