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 Syzygium cuminii (Jamun) for the treatment of Diabetes mellitus, Polyuria, polydipsia, Carbuncle/Fruncle due to diabetes mellitus and as anti-oxidant from the books – Khazaain-al-Advia, Vol II by Mohammad Najmul Ghani Khan (Unani, Exhibit 1 & 2), Muheet-e-Azam Vol. II ( Part I) by Mohammad Azam Khan (Unani, Exhibit 3), Brhat Nighantu Ratnakara (Ayurveda, Exhibit 4), Aryabhisaka by Smkaradajisastripade (Ayurveda, Exhibit 5) Ayurveda Sarasamgrahah (Ayurveda, Exhibit 6), Khazaain-al-Advia, Vol I by Mohammad Najmul Ghani Khan (Unani, Exhibit 7), The Ayurvedic Pharmacopoiea of India - Part 1,Vol II by Govt of India (Ayurveda, Exhibit 8), Therayar Kudineer by Therayar (Siddha, Exhibit 9) and Agathiyar Vaithyam by Agasthiyar (Siddha, Exhibit 10).

2. Relevant Extract of CGPDTM Examination report

CGPDTM Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 4 & 5 are reproduced below.



“Claims 1-17 are not patentable u/S 3(p) of the Act as they relate to traditional knowledge. Use of Eugenia jambolana (syzygium cumini) for treatment of diabetes is traditionally known. Refer enclosed TKDL documents, D1: NG/346, D2: D2: RS17/828.

Notwithstanding above mentioned objections, Claims lack inventive step u/S 2(1)(j) in view of cited prior art documents D1 & D2 as the use of aqueous extracts of Eugenia jambolana for treating diabetes 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 from 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.”

Full examination report can be referred at 1600_CHE_2006.pdf

3. Outcomes of Pre-Grant Opposition & Examination Report

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