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 Aphanamixis polystachya as Strength promoting and for the treatment of Diseases of heart, Inflammation, Gout, Acute diarrhoea, Psoriasis, tremors, Osteoarthritis, Rheumatism, Dyspnoea and Immuno suppressive / Emaciating diseases from the books – Bharata Bhaisajya Ratnakara (Ayurveda, Exhibit 1, 4 & 9), Gadanigrahah by Sodhala (Ayurveda, Exhibit 2 & 6), Bhavaprakasa by Bhavamisra (Ayurveda, Exhibit 3), Ayurveda Sarasamgrahah (Ayurveda, Exhibit 5), Aryabhisaka by Smkaradajisastripade (Ayurveda, Exhibit 7), Astanga Hrdaya by Vagabhata (Ayurveda, Exhibit 8), Nighanturatnakarah (Ayurveda, Exhibit 10), Cakradattah by Cakrapanidattah (Ayurveda, Exhibit 11) and Bhaisajya Ratnavali by Govinda Dasa (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 3 are reproduced below.



“The present application falls within the scope of Section 3(p) of the Patents Act. 1970. Refer TKDL website where references are given for the treatment of inflammation using Aphanamixis polystachya. Around 23 references are got from the TKDL database (reference enclosed).

D1- Siddhayogasa?graha? EDN 1ST 1978 page 64
Formulation ID RG10/100B which refers to a formulation containing Aphanamixis polystachya for the treatment of inflammation.

D2- Ras?m?tam this book contains references from 1000 B.C. to 20th century page 714
Formulation ID AK 15/169D

D3- Siddhaprayogasa?graha?part 1
Formulation ID RS22/723A

D4- yurveda page 261
Formulation ID RG12/559B

D5- Gadanigraha page 774-775
Formulation ID HG/2413E

The claimed composition from Aphanamixis polystachya for the treatment of inflammation is known traditionally from the Indian system of medicines which is also disclosed in page 4 and 5 of the specification. Hence not allowed u/s 3(p) of The Patents Act 1970. (Refer the enclosed document).”

Full examination report can be referred at 6756-CHENP-2009.pdf

3. Current Status & 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.