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 Curcuma longa (Turmeric), Ocimum sanctum(Tulsi), Cucumis sativus(Cucumber), Pterocarpus santalinus, Rubia cordifolia, Aloe vera, Berberis aristata, Acorus calamus, Vetiveria zeyzanoides, Symplocus racemosus, Glycirrhiza glabra (licorice), Cinnamomum zeylanicum (cinnamon) and Crocus sativus (Saffron) as complexion enhancer/ Complexion promoting and for the treatment of acne vulgaris from the books – Gadanigrahah by Sodhala (Ayurveda, Exhibit 1 & 12), Sodhalanighantauh by Sodhala (Ayurveda, Exhibit 2 & 3), Khazaain-al-Advia, Vol II by Mohammad Najmul Ghani Khan (Unani, Exhibit 4), Rasendracudamanaih by Somadevah (Ayurveda, Exhibit 5), Qaraabaadeen Najm-al-Ghani by Mohammad Najmul Ghani Khan (Unani, Exhibit 6, 9 & 10), Rasakamadhenu Samhita by Cudamani (Ayurveda, Exhibit 7), Al-Jaam'e-li-Mufradaat-al-Advia-wal-Aghzia, Vol. II by Ziya Al- Din Abdullah Ibn Al- Baitar (Unani, Exhibit 8), Qaraabaadeen Azam wa Akmal by Mohammad Akmal Khan (Unani, Exhibit 1, 17 & 18), Sarngadhara Samhita by Sarngadharacarya (Ayurveda, Exhibit 13), Qaraabaadeen Qaadri by Mohammad Akbar Arzani (Unani, Exhibit 14), Vangasena by Vangasena (Ayurveda, Exhibit 15) and Bharata Bhaisajya Ratnakara (Ayurveda, Exhibit 16).

2. Relevant Extract of CGPDTM Examination report

CGPDTM Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 3 & 4 are reproduced below.

“Claim 1 is not patentable u/S 3(p) of the Act as it relates to Traditional knowledge. Refer the list of documents with date of publication (PRIOR ART) in enclosed TKDL documents D1: RG2/1577, D2: RG9/93, D3:RG9/59A, D4: AN2/172S, D5:AK7/108, D6:NA4/141, D7:AK9/1007A, D8: JA3/139B, D9: NA4/3373, D10:NA4/3208, D11: AH5/174C, D12:RG2/971, D13:AT/192, D14: MH5/3059, D15:AKI1/2822, D16: AB/864, D17 :AH5/2115B, D18:AH5/ 261 A.

Claim 1 lacks inventive step u/S 2(1)( ja) of the Act in view of cited documents. D1:(pg. no. 7-8) refers to a formulation containing saffron crocus (Crocus sativus Linn.) as a single ingredient used as Complexion promoting.
D2:(pg. no. 9-10) refers to a formulation containing licorice (Glycyrrhiza glabra Linn.) as a single ingredient used as Complexion promoting.
D3:(pg. no. 11-12)refers to a formulation containing indian madder (Rubia cordifolia Linn.) as a single ingredient used as Complexion promoting.
D 4:(pg. no. 13-14) refers to a formulation containing Sacred basil (Ocimum sanctum Linn.) as a single ingredient used as complexion enhancer through local application.
D 5:(pg. no. 15-16) refers to a formulation containing (Berberis asiatica Roxb.) as a single ingredient used as Complexion promoting.
D6:(pg. no. 17-18) refers to a formulation containing Curcuma longa and Pterocarpus santalinus used as complexion promoting through local application.
D7:(pg. no. 19-20) refers to a formulation containing Acorus calamus Linn. and Symplocos racemosa along with one other ingredient used for the treatment of Acne vulgaris through local application.
D8:(pg. no. 21-22) refers to a formulation containing cinnamon (Cinnamomum zeylanicum Blume) along with one other ingredient used for the treatment of Acne vulgaris through local application.
D9:(pg. no. 23-25) refers.to a formulation containing licorice (Glycyrrhiza glabra Linn.) along with two other ingredients used for the treatment of Acne vulgaris through local application.
D10:(pg. no. 26-28) refers to a formulation containing Curcuma longa along with one other ingredient used for the treatment of Acne vulgaris and as complexion enhancer through local application.
D11:(pg. no. 29-31) refers to a formulation containing Rubia cordifolia Linn., Pterocarpus santalinus and symplocos racemosa along with two other ingredient used for the treatment of Acne vulgaris through local application.
D12:(pg. no. 32-34) refers to a formulation containing Acorus calamus Linn., Symplocos racemosa, Vetiveria zizanioides and Curcuma longa along with few other ingredients used as complexion promoting through local application.
D13:(pg. no. 35-36) refers to a formulation containing cinnamon (Cinnamomum zeylanicum Blume) along with two other ingredient used as Complexion promoting through local application.
D14:(pg. no. 37-39) refers to a formulation containing garden cucumber (Cucumis sativus Linn.) along with few other ingredients used as complexion enhancer through local application.
D15:(pg. no. 40-43) refers to a formulation containing Crocus sativus Linn., Vetiveria zizanioides, Pterocarpus santalinus, Curcuma longa, Berberis aristata, Rubia cordifolia, Glycyrrhiza glabra, and Symplocos racemosa along with few other ingredients used for the treatment of Acne vulgaris and as complexion promoting, Lusture promoting through local application.
D16:(pg. no. 44-47) refers to a formulation containing Crocus sativus Linn., Vetiveria zizanioides, Pterocarpus santalinus, Curcuma longa, Berberis aristata, Rubia cordifolia, Glycyrrhiza glabra, Symplocos racemosa, ocimum sanctum and Acorus calamus along with few other ingredients used for the treatment of Acne vulgaris and as lusture promoting through local application.
D17:(pg. no. 48-49) refers to a formulation containing Indian aloe (Aloe barbadensis Mill.) along with few other ingredients used for the treatment of Acne vulgaris through local application.
D18:(pg. no. 50-52) refers to a formulation containing Curcuma longa and Aloe barbadensis along with few other ingredients used for the treatment of Acne vulgaris through local application.
It would have been obvoius to a person skilled in the art to have arrived at the instantly claimed composition from the teachings of the prior art documents.”

Full examination report can be referred at 1110-che-2010.pdf

3. Current Status & Outcomes of Pre-Grant Opposition & Examination Report

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