1. Relevant Extract of CGPDTM Examination report

CGPDTM Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 5 & 6 are reproduced below.

“Objections :

Claims 1-16 are not patentable u/S 3(p) of the Act as they pertain to traditional knowledge. Use of Andrographis paniculata for treatment of bone related disorders like rheumatism is traditionallyknown. Refer enclosed TKDL document D3: AK/2955.

Claims lack novelty/inventive step in view of cited prior art documents …D3: AK/2955.

D3 discloses the use of Andrographis paniculata for treatment of bone related disorders like Rheumatism.In view of the disclosure of above mentioned prior art documents, claims 1, 3, 4, 6, 8, 10, 11, 13-15 lack novelty.

Claims 1-16 lack inventive step u/S 2(1)( ja) of the Act in view of cited prior art documents. The use of organic solvent and aqueous extracts of Andrographis paniculata for treating bone related disorders like rheumatism would have been obvious to a person skilled in the art from the teachings of the cited prior art documents. If the subject-matter as claimed relates to extracts/alkaloids and/or isolation of active ingredients of plants, which are naturally/inherently present in plants, such claims cannot be considered as novel and/or inventive when use of such plants is pre-known as part of teachings of Traditional Knowledge (TK). When the subject-matter of claims relate to extracts of plant materials containing undefined active ingredients, such claims cannot be said to be novel if the use of such plants or plant materials is pre-known as a part of teaching of TK. However, if the claims relate to alkaloids and/or active principles obtained from the plant materials and structures of the said alkaloids and/or active principles are characterized, which do not form the part of the prior art, such claims cannot be said to involve an inventive step, since the use of said plant materials and their therapeutic effects are known from the teaching of TK. Thus, the prior art motivates the person skilled in the art to isolate the individual ingredients such as alkaloids, flavonoids, phyto-steroids, etc.”

Full examination report can be referred at 1199-CHE-2006.pdf

2. Current status & Outcomes of Examination Report

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