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 Swertia chirayita (Indian Gentian), Azadirachta Indica (neem), Eucalyptus globules (eucalyptus) and Atropa belladonna (belladonna) as Antipyretic and for the treatment of Fever/Pyrexia, Chronic Fever, Malaria / Intermittent fever, and different types of fever from the books – Bhavaprakasa by Bhavamisra (Ayurveda, Exhibit1), Rajanighantauh by Pandita Narahari (Ayurveda, Exhibit 2), Aryabhisaka by Sankaradajisastripade (Ayurveda, Exhibit 3), Gadanigrahah by Sodhala (Ayurveda, Exhibit 4), Khazaain-al-Advia by Mohammad Najmul Ghani Khan (Unani, Exhibit 5), Bharata Bhaisajya Ratnakara (Ayurveda, Exhibit 6), Al-Qaanoon-fil-Tibb by Abu Ali Ibn-e-Sina (Unani, Exhibit 7) and Rasatantrasarah Evam Siddhaprayogasamgrahah (Ayurveda, Exhibit8).

2. Relevant Extract of CGPDTM Examination report

CGPDTM Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 1 & 3 are reproduced below.

“Objections :

The subject matter of claims lacks novelty in view of the cited prior art documents D1-D15. D1:RG12/1019(TKDL), D2: RD/537(TKDL), D3: RS21/77(TKDL),
&nsbp;&nsbp;&nsbp;&nsbp;D7:AK/291(TKDL), D8:AB/813(TKDL), D9:BP/1136(TKDL), D10: RS4/412(TKDL), D11:VK1/95(TKDL), D12:AH2/80(TKDL), D13:RD/30(TKDL), D14:JA6/1080(TKDL),
Claims 1-18 lacks novelty in view of above mentioned cited documents:-
Document D1-D3 describes the role of a herbal composition containing Swertia Chirata in treatment of Fever and pyrexia.
Document D7-11: disclose the role of a herbal composition, having Swertia Chirata and Azadirachta Indica useful against pyrexia/fever.
Document D12: describes the role of an herbal composition, having Atropa Belladona in treating fever.
Document D13-14: disclose that composition containing Eucalyptus Globulus is useful against Fever.

This application does not meet the requirement of section 3(p) of the Patents Act 1970 in that the subject matter of the claims relate to traditional knowledge. Refer TKDL RS/3101, RS8/467, RS17/991, RS2/254C, JA6/1080, RD/30, AH2/80, RS21/86(Documents enclosed for reference).”

Full examination report can be referred at 2195-CHE-2008.pdf

3. Outcomes of TKDL References in Examination Report

As the outcome of TKDL Pre-Grant Opposition and other documents cited in examination report, Application Abandoned U/S 21(1).