2008356109

Ref: Examiner(s) Comments in the Examination Report Dated: 07.05.2012 in the context of Patent Application No. 2008356109 at IP Australia


1. Relevant Extract of IP Australia Examination report

IP Australia Patent Examiner(s) took cognizance of TKDL references. Extract of examination report are reproduced below:

“The invention defined in claims 4-9 and 16-22 are not novel (and do not involve an inventive step) when compared with the following prior art documents:

Note- D1-D5 are from the TKDL (Traditional Knowledge Digital Library) database. This contains data about traditional medicinal preparations that exists in the public domain in the form of literature related to Ayurveda, Unani, Siddha and Yoga traditional knowledge in the Tamil, Sanskrit, Urdu, Arabic, Persian, and Hindi languages, some of these preparations dating back many centuries.

D1 * Mohammad, N.G.K: Qaraabaadeen Najm-al-Ghani (20th century AD), Munshi Nawal Kishore, Lucknow, (Second Edition) 1928 AD, Pg 557. Formulation ID: NA4/3705 & Formulation Name: Qurs Ziabetas

D2 * Kandasamy,M: Athmarakshaamirtham Publication, IIakkana, Achagam, Chennai (1879), Page 432, Knowledge known for 1000 years. Formulation ID: AM0511687 & Formulation Name: Sagala Megathirkkum Ennai -1

D3 * Therayar; TherayarKappiyam .Ed.C.C.R.A.S.Pub:Dr.Anandakumar, Chennai, (1975), Pg 8, Knowledge known for 500 years. Formulation ID: SR06/09 & Formulation Name: Vendaya Adai

D4 * Mohammad,A.A: Qaraabaadeen Qaadri (17th century AD), Ahmadi Publication, Delhi, 1968 AD, Pg 208, Knowledge known for 200 years. Formulation ID:MH511439 & Formulation Name: Dawa-ul- Malik Sagheer<

D5 * Bharata,B.R: Compiled by Naginadasa Chaganalala Saha ,Translated by Gopinath Gupta - Vol.-IV:B. jain Publishers. New Delhi, Edn. 2nd. Reprint, August 1999. [This book contains references from 1000 B.C.to 20th century], Pg 51. Formulation ID: RS/209 & Formulation Name: MethTmodakab

D1-D5 all contain formulations containing Trigonella foenum-graecum. Trigonella foenum graecum has been used for the treatment of Diabetes mellitus, Obesity and as Strength promoting agent through oral administration alone or in formulation in the Indian systems of medicine for over 100 years, as is evident from exhibits cited from the books.

Full examination report can be referred at 2008356109.pdf

2. Outcomes of Examination Report.

As the outcome of TKDL references and other documents cited in examination report, the Applicant M/s Indus Biotech Private Limited / India amended the claims on 18.06.2012.