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 Terminalia chebula (Haritaki), Phyllanthus emblica (Aamla), Curcuma longa (Turmeric/Haldi), Valeriana jatamansii (Tagara), Withania somnifera (Asvagandha), Trigonella foenum-graecum (Methi), Centella asiatica (Spadeleaf), Bacopa monnieri (Brahmi) and Asparagus racemosus (Satavari)for the treatment of Tumour, Cancer/ Carcinoma and Cancer/ Carcinoma in Uterus and Anus from the books – Rasayoga Sagara (Ayurveda, Exhibit 1), Bharata Bhaisajya Ratnakara (Ayurveda, Exhibit 2), Kitaab-al-Haawi-fil-Tibb, Vol.IX by Abu Bakr Mohammad.Bin Zakariyya Al-Razi (Unani, Exhibit 3), Khazaain-al-Advia, Vol III by Mohammad Najmul Ghani Khan (Unani, Exhibit 4) and Pulippani Vaithyam by Pulippani (Siddha, Exhibit 5 & 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. Claim(s) 1-8 fall(s) within the scope of such clause (p) of section 3 of Patents Act 1970 as amended by Patents (A) Act 2005 in view of TKDL search results 1) AB/171 Asokaghrtam 2) RG9/122B Amalaki Majja Guna.”

Full examination report can be referred at 212_DEL_2006.pdf

3. Outcomes of TKDL References in Examination Report

As the outcome of Examination Report based on TKDL Search and other documents cited in examination report, Application was refused on basis of controller decision.