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 Veratrum viride, Buxus wallichiana Baill and Holarrhena antidysenterica for the treatment of Alopecia and prematuare grey hair, Seborrhoea,Pityriasis capitis / Furunculosis or boils in scalp and as Hair tonic from the books – Kitaab-al-'Umdah-fil-Jeraahat by Aminuddaulah Abul Farj Ibn Al-Quff Maseehi (Unani, Exhibit 1), Ilaaj-al-Amraaz by Mohammad Shareef Khan (Unani, Exhibit 2), Khazaain-al-Advia by Mohammad Najmul Ghani Khan (Unani, Exhibit 3), Muheet-e-Azam by Mohammad Azam Khan (Unani, Exhibit 4), Vangasena by Vangasena (Ayurveda, Exhibit 5), Yogaratnakarah (Ayurveda, Exhibit 6) and Gadanigrahah by Sodhala (Ayurveda, Exhibit 7).

2. Relevant Extract of CGPDTM Examination report

CGPDTM Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 2, 3 & 8 are reproduced below.
“The present application claims the subject-matter, which is a traditional knowledge or which is an aggregation or duplication of known properties of traditionally known components such as extracts of Veratrum plant, Buxus plant, Holarrhena plant, Solanum plant and Rauwolfia plant for the treatment of hair loss and thus, falls within the ambit of Section 3 (p) of the Patents Act, 1970 (as amended). The use of Veratrum plant, Buxus plant, Holarrhena plant, Solanum plant and Rauwolfia plant for the treatment of Alopecia (i.e. Hair loss) is traditionally known, which can be evident from the following TKDL citations:
(a) Aminuddaaulah Abul Farj Ibn Al-Quff Maseehi, Kitaab-al-Umdah-fil-Jeraahat, Part II (13th centuary AD), Deyerah-al-Ma?aarif Usmania, Hyderabad, 1937 AD, which discloses the use of Veratrum plant for the treatment of Alopecia;
(b) Mohammad Najmul Ghani Khan, Khazaain-al-Advia, Vol III (20th century AD), Nadeem Yunus Printer/Sheikh Mohd Basheer & Sons, Lahore, 1926 AD, which discloses the use of Buxus plant for the treatment of Alopecia;
(c) Caraka-Samhita - Edited and translated by P. V. Sharma, Vol. II, Chaukhaba Orientalia, Varanasi Edn. 5th, 2000, which discloses the use of Holarrhena plant for the treatment of Alopecia;
(d) Vrindmadhava - Marathi translated by Datto Vallala Borkar, Yagyeswara Gopal Dixit, Bookseller, Pune; Edn. 1992, which discloses the use of Solanum plant for the treatment of Alopecia; and
(e) Mohammad Akmal Khan - Qaraabaadeen Azam wa Akmal (19th centuary AD), Matba Siddiqi, Delhi, which discloses the use of Rauwolfia plant for the treatment of alopecia.
Following documents are being relied upon for deciding novelty and/or inventive step of claims 1-53:

D9: Aminuddaaulah Abul Farj Ibn Al-Quff Maseehi, Kitaab-al-Umdah-fil-Jeraahat, Part II (13th centuary AD), Deyerah-al-Ma?aarif Usmania, Hyderabad, 1937 AD. D9 discloses the use of Veratrum plant for the treatment of Alopecia;
D10: Mohammad Najmul Ghani Khan, Khazaain-al-Advia, Vol III (20th century AD), Nadeem Yunus Printer/Sheikh Mohd Basheer & Sons, Lahore, 1926 AD. D10 discloses the use of Buxus plant for the treatment of Alopecia;
D11: Caraka-Samhita - Edited and translated by P. V. Sharma, Vol. II, Chaukhaba Orientalia, Varanasi Edn 5th, 2000. D11 discloses the use of Holarrhena plant for the treatment of Alopecia;
D12: Vrindmadhava - Marathi translated by Datto Vallala Borkar, Yagyeswara Gopal Dixit, Bookseller, Pune; Edn. 1992. D12 discloses the use of Solanum plant for the treatment of Alopecia; and
D13: Mohammad Akmal Khan - Qaraabaadeen Azam wa Akmal (19th centuary AD), Matba Siddiqi, Delhi. D13 discloses the use of Rauwolfia plantfor the treatment of Alopecia.

Claims 1, 4-9 and 12-18 are novel, as being independently anticipated any one of D9 to D13, which disclose the use of Veratrum plant, Buxus plant, Holarrhena plant, Solanum plant and Rauwolfia plant for the treatment of Alopecia (i.e. Hair loss).”

Full examination report can be referred at 2132-MUMNP-2007.pdf

3. Outcomes of Pre-Grant Opposition & Examination Report

As the outcome of TKDL Pre-Grant Opposition and other documents cited in examination report, the examination is under process and reply is still awaited from the Applicant ISLAND LABORATORIES INC. / Canada