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 Bacopa monnieri (Brahmi), Withania somnifera (Ashwagandha), Convolvulus pluricaulis (Shankhapusphi), Asparagus racemosus (Shatavari) and Tribulus terrestris (caltrop) for the treatment of Diseases of nervous system, immuno suppressive / Emaciating disease, general weakness, loss of intellect, memory loss and have also been used as anti wrinkle, Intellect promoting, Memory enhancer and Beneficial for life span/ Providing longevity, Immuno potentiators/Anti ageing/Anti oxidant, Nutrient, nervine tonic, brain tonic, complexion promoting, alleviates all diseases and lusture promoting agents from the books – Bhavaprakasa by Bhavamisra (Ayurveda, Exhibit 1 & 4), Gadanigrahah by Sodhala (Ayurveda, Exhibit 2 & 6), Ayurveda Sarasamgrahah; (Ayurveda, Exhibit 3), Sahastrayoga- Translated by D.V. Panditarao; Govt of India; (Ayurveda, Exhibit 5), Bhaisajya Ratnavali by Govinda Dasa; (Ayurveda, Exhibit 7), Vrndamadhava by Madhavah (Ayurveda, Exhibit 8), Kaiyadevanighantau by kaiyadeva (Ayurveda, Exhibit 9) and Khazaain-al-Advia,by Mohammad Najmul Ghani Khan; (Unani, Exhibit 10).

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 document D1: RG/2288. D2: VS/3715.
Claim I lacks inventive step u/S 2(1) (ja) of the Act in view of cited documents.

D1(pg.no.6-8) refers to a formulation containing Asparagus racemosus Willd., Withania somnifera (Linn.), Tribulus terrestris Linn. along with few other ingredients used for the treatment of immune suppressive / Emaciating disease and as anti wrinkle, Intellect promoting, Memory enhancer and Beneficial for the span/ Providing longevity.

D2:(pg. no. 18-20) refers to a formulation containing Convolvulus microphyllus) C. piluricaulis, Asparagus racemosus and Bacopa monnieri (Linn.) along with few other ingredients used as beneficial for life span/ Providing longevity, Intellect promoting and Memory enhancer through oral administration.

Instant application claims the usefulness of a composition comprising of Brahmi 1.5g. Ashwagandha 0.625g. Shatavari 0.4g. “Shankhapusphi 1.25g. Gokshuru 0.25g. Flavoured sugar base qs and Preservatives Sodium benzoate 0.1% to provide preventive granules to delay the onset of age related problems. The choice of herbs is based on their specific benefits to memory in combination withneuro/immune-modulatino /strengthening and primary antiaging advantages as novel. However, Brahmi (Bacopa monnieri), Ashwagandha (Withania-somnifera). Shankhapusphi (Convolvulus microphyllus/C. pluricaulis), Shatavari (Asparagus racemosus) and Gokshuru (Tribulus terrestris) have been used for the treatment of Diseases of nervous system, immune suppressive / Emaciating disease, general weakness, loss of intellect, memory loss and have also been used as anti wrinkle, Intellect promoting, Memory enhancer and Beneficial for life span/ Providing longevity, Immuno potentiators/Anti ageing/Anti oxidant, Nutrient, nervine tonic, brain tonic, complexion promoting, alleviates all diseases and lusture promoting agents through oral administration in the Indian systems of medicine, since long, as is evident from cited documents.
It would have been obvious to a person skilled in the art to have arrived at the instantly claimed compositing by combining the teachings of the prior art documents.”

Full examination report can be referred at 1118-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.