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 Andrographis panicultata (bhunimba) and Salix species - Salix caprea Linn and Salix alba for the treatment of Rheumatism, Arthralgia, Oedema/Inflammation, Pain, all types of Stiffness of Joints, Acute Gout, Lumbago, Sciatica, Gout, Pleurodynia, intercostal neuralgia, Immunosuppressive/Emaciating disease, Stiffness loss of movement of leg and used as anti-inflammatory, Analgesic restoring normal sensation and Immuno potentiators/Anti ageing/Anti oxidant from the books – Rajanighantauh by Pandita Narahari (Ayurveda, Exhibit 1), Khazaain-al-Advia, Vol.I by Mohammad Najmul Ghani Khan (Unani, Exhibit 2), Arkaprakasah by Lankapatiravana (Ayurveda, Exhibit 3), Kaiyadevanighantau by Kaiyadeva (Ayurveda, Exhibit 4), Astanga Samgraha by Vagbhata (Ayurveda, Exhibit 5), Rasatantrasarah Evam Siddhaprayogasamgrahah by Krishan Gopal Ayurveda Bhawan (Ayurveda, Exhibit 6), Nighauratnakarah - Edited and Marathi Translation by GRS Datar (Ayurveda, Exhibit 7), Govinda Dasa by Bhaisajya Ratnavali (Ayurveda, Exhibit 8), Sarngadhara Samhita by Sarngadharacarya (Ayurveda, Exhibit 9), Vangasena by Vangasena (Ayurveda, Exhibit 10 & 13), Muheet-e-Azam, Vol. I by Mohammad Azam Khan (Unani, Exhibit 11) and Bharata Bhaisajya Ratnakara Compiled by Naginadasa Chaganalala Saha (Ayurveda, Exhibit 12).

2. Relevant Extract of CGPDTM Examination report

CGPDTM Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 5 are reproduced below.

“The observation under paragraph 2 notwithstanding, claims 1-7 attract the provisions of such clause (p) of section 3 of the Act for being traditional knowledge of India and hence are not patentable. In Traditional Knowledge Digital Library (TKDL) there are several references where Andrographis panicultata and Salix species Salix caprea Linn and Salix alba Linn have been used for the treatment of Rheumatism, Arthralgia, Oedema/Inflammation, Pain, all types of Stiffness of Joints, Acute Gout, Lumbago, Sciatica, Gout, Pleurodynia, intercostal neuralgia, Immunosuppressive/Emaciating disease, Stiffness loss of movement of leg and used as anti-inflammatory, Analgesic restoring normal sensation and lmmuno potentiators/Anti-ageing/Anti-oxidant through oral administration or as directed by physician in the Indian systems of Medicine, since long. Hence, there does not seem to be any novelty or inventive step involved in the claims made in the above referred patent application. Please see the following references: (a) Pandita Narahari; Rajanighantauh, Edited with Hindi Commentary by lndradco Tripathi; Krishnadas Academy, Varanasi, Edn. 2nd, 1998, Pg 266, Formulation ID: RS8/467, Formulation Name: Kiratikta Guna. (b) Mohammad Najmul Ghani Khan; Khazaain-ai-Advia, Vol. 1 (20th century AD), Nadeeemm Yunus Printer I Sheikh Mohd Basheer & Sons, Lahore, 1911 AD, Pg 915, Formulation ID: NA2/483B, Formulation Name: Usaarah Bed. (c) Lankapatiravana; Arkaprakasah - Edited and translation by Indradeva Tripathi; Krishnadas Academy, Varanasi, Edn. 1st, 1995, Pg 50, Formulation ID: AK14/81A, Formulation Name: Vetasa Arka Gunah. It is to be noted herein that a representation under section 25(1) has been filed by Council of Scientific & Industrial Research against the instant application, which shall be communicated to your office in due course.”

Full examination report can be referred at 497-KOLNP-2009.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 IDENA S. P. A.,/ Italy