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 Euphorbia tirucalli (Indiantree spurge), Euphorbia neriifolia (snuhi), Ricinus communis (castor) and Mallotus philippensis (Kamala tree) for the treatment of Cancer/ Carcinoma from the books – Bogar700 by Bogar (Siddha,Exhibit 1), Anuboga Vaithiya Navaneetham by Abdulla Sahib (Siddha, Exhibit 2), Athmarakshaamirtham by Kandasamy Mudaliar (Siddha, Exhibit 3), Bogar700 by Bogar (Siddha,Exhibit 4), Khazaain-al-Advia, Vol. I by Mohammad Najmul Ghani Khan (Unani,Exhibit 5) and Qaraabaadeen Najm-al-Ghani by Mohammad Najmul Ghani Khan (Unani,Exhibit 6).

2. Relevant Extract of CGPDTM Examination report

CGPDTM Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 1 are reproduced below.

“Objections:

1. The invention as claimed in the claims 1-22 lack Novelty & Inventive step for instance see cited documents. The instant application refers to the usefulness of Euphorbia tirucalli latex for the treatment of cancer, has been claimed to be novel. However, in Traditional Knowledge Digital Library (TKDL) there are several references where Euphorbia tirucalli (Indian tree spurge) has been used for the treatment of Cancer/ Carcinoma in the Indian systems of medicine, since long. Hence, there does not seem to be any novelty or inventive step involved in the claims made in the above referred patent application. The alleged patent application claims the usefulness of Euphorbia tirucalli latex for the treatment of cancer as novel. However Euphorbia tirucalli has been used for the treatment of Cancer/ Carcinoma through oral administration, in the Indian systems of medicine, since long, as is evident from exhibits cited from the books namely Anuboga Vaithiya Navaneetham by Abdulla Sahib (Siddha, Exhibit 1: pg. no. 04-06), Bogar700 by Bogar (Siddha, Exhibit 2: pg. no. 07-10), Bogar700 by Bogar (Siddha, Exhibit 3: pg. no. 11-16). In addition to the aforesaid references, some other references also exist in TKDL, wherein Euphorbia tirucalli has been used alone or in combination with few other ingredients for the treatment of Cancer/ Carcinoma. Hence the said application is not novel as per the cited prior art and does not involve any inventive step, therefore cannot qualify for the grant of patent rights.
D. Prior art (Documents & Reference)
1.Anuboga Vaithiya Navaneetham by Abdulla Sahib; Pub:Palani Thandayuthapani Devasthanam publications , Directorate of Indian systems of Medicine,
Chennai.(1975). Pg 51,52
Formulation ID: GR05/69
Formulation Name: Linga Chenduram-20
2. Bogar700 by Bogar;Ed.Ramachandran,Pub: Thamarai Noolagam Chennai (1994) Pg 29
Formulation ID: PD03/22
Formulation Name: Araiyappukku Mooligai Chaaru
3. Bogar700 by Bogar;Ed.Ramachandran,Pub: Thamarai Noolagam Chennai (1994) Pg 18,19
Formulation ID: PD03/09
Formulation Name: Sivan Vembu Chooranam
Exhibit 1:(pg. no. 04-06) refers to a formulation containing Euphorbia tirucalli along with few other ingredients used for the treatment of cancer through oral administration.
Exhibit 2:(pg. no. 07-10) refers to a formulation containing Euphorbia tirucalli along with few other ingredients used for the treatment of cancer through oral administration.
Exhibit 3:(pg. no. 11-16) refers to a formulation containing Euphorbia tirucalli along with few other ingredients used for the treatment of cancer through oral administration.”

Full examination report can be referred at 1973_MUMNP_2007.pdf

3. Outcomes of TKDL References in Examination Report

As the outcome of Examination Report based on TKDL References and other documents cited in examination report, the examination of the application (Applicant AMAZONIA FITOMEDICAMENTOS LTDA, Brazil ) is still under process.