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 Curcuma longa (Turmeric), Calotropis gigantean (giant milkweed), Calotropis procera (roostertree), cow dung, cow urine and edible lime for the treatment of Frozen shoulder, pain, gout, lumbago, sciatica, pain due to coldness, pain due to diseases of spleen, gaseous renal colic, all type of gaseous pain, sprain/starin and used as analgesic, restoring normal sensation from the books – Vaidyamanorama by Kali Dasa (Ayurveda,Exhibit 1), Ilaaj-al-Amraaz by Mohammad Shareef Khan (Unani, Exhibit 2), Khazaain-al-Advia, Vol.II by Mohammad Najmul Ghani Khan (Unani, Exhibit 3 & 10), Khazaain-al-Advia, Vol. I by Mohammad Najmul Ghani Khan (Unani, Exhibit 4), Rasaratnasamuccayah by vagbhattah (Ayurveda, Exhibit 5), Anandakandah by Manthana Bhairava (Ayurveda, Exhibit 6 & 8), Rasatantrasarah Evam Siddhaprayogasamgrahah;-part I (Ayurveda, Exhibit 7) and Al-Jaam'e-li-Mufradaat-al-Advia-wal-Aghzia, Vol. I by Ziya Al-Din Abdullah Ibn Al-Baitar, (Unani, Exhibit 9).

2. Relevant Extract of CGPDTM Examination report

CGPDTM Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 6 are reproduced below.

“Claims 1-9 lack inventive step, as required u/s 2 (1) (j) of the Act, in view of teaching of the following documents:
D1: Rasayoga Sagara ? Complied and translated by Vaidya Pandita Hariprapanna ji, Vol. II: Krishnadas Academy, Varanasi, Edn. Reprint 1998 (This book contains back reference from B. C. to 20th century), see page 139;
D2: Kasyapa-Samhita or Vrddhajivakiya Tantra ? Edited and translated by P. V. Tiwari: Chaukhamba Visvabharati, Varanasi, Edn 1st, 1996 (time of origin 600 BC), see page 646-647; and
D3: Ziya Al-Din Abdullah Ibn Al-Jaam?e-li-Mufradaat-al-Adviawal-Aghzia, Vol. ii (13th century AD), Matba Amra, Cairo, Egypt, 1874 AD, see page 79.
D1 discloses a therapeutic composition for treating inflammation/pain comprising Curcuma longa, Calotropis, cow dung, urine, etc.
D2 discloses a therapeutic composition formulated as herbal paste for treating inflammation/pain comprising Curcuma longa, Calotropis, cow urine, etc.
D3 discloses a therapeutic composition formulated as thick paste for treating inflammation/pain comprising urine and lime (choona).
In view of teaching of D1-D3, it would have been obvious to a person skilled in the art to combine the said ingredients, which are directed to the same use. It is a straight forward action for a person skilled in the relevant art and therefore, the inventive step cannot be acknowledged for the subject matter of claims 1-9. Thus, the subject-matter claimed in claims 1-9 fails to meet the requirements of Section 2 (1) (j) of the Act.”

Full examination report can be referred at 3040-MUM-2010.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, the examination is under process and reply is still awaited from the Applicant Nigam Rupa Shashikant, Prasad Varunesh Rameshwar, Prasad Tarunesh Rameshwar / India.