1. Third Party Observations under article 115 of EPC

TKDL third party submission under Article 115 EPC brought to the notice of examination division the prior art references on the use of Glycyrrhiza glabra (Licorice), and Ziziphus jujuba (kola) for the treatment of Depression, Psychiatric disorders , Restlessness and as brain tonic from the books – Arkaprakasah by Lankapatiravana (Ayurveda, Exhibit 1), Bayaaz-e-Kabir by Mohammad Kabiruddin (Unani, Exhibit 2), Rasatantrasarah Evam Siddhaprayogasangrahah, part II,(Ayurveda, Exhibit 3), Bharata Bhaisajya Ratnakara (Ayurveda, Exhibit 4), Al-Qaanoon-fil-Tibb by Abu Ali Ibn-e-Sina (Unani, Exhibit 5), Qaraabaadeen Najm-al-Ghani by Mohammad Najmul Ghani Khan (Unani, Exhibit 6), Sahastrayoga by Govt of India (Ayurveda, Exhibit 7) and Ikseer Azam by Mohammad Azam Khan (Unani, Exhibit 8).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 1.7, 2.7 & 3 are reproduced below.

“Documents considered to be relevant

D7 DATABASE TKDL (ONLINE) CSIR India; 1 January 1995 (1995-01-01), Arkaprakasah by Lankapatiravana: “Jalayasti Arka Gunah” XP002600726 Database accession no. AK14/40A

D7 relates to a medicine for the treatment of psychosis, depression etc. prepared from Radix Glycyrrhizae, Radix Ginseng, Fructus jujubae etc. by steaming and decocting in water and making pill, capsule, powder or oral liquid.

Hence, to sum up, the presently claimed subject-matter does not appear to be inventive according to Article 56 EPC in view of the teachings of D1 and/or D2 to D7, since medicines comprising extracts of Radix Ginseng, Fructus jujubae and Radix Glycyrrhizae containing glycyrrhizic acid were already known in the prior art as being useful for the treatment of depression.”

“The objection concerning lack of inventive merits according to Article 56 EPC in view of the documents D1-D7 as cited in the European Search Report for the reasons as specified in the corresponding Search Opinion is maintained, as long as the alleged synergistic effect is not verified by further experimental data.”

Full examination report can be referred at EP2110135.pdf

3. Outcomes of Third Party Observations & Examination Report.

As the outcome of TKDL third party and other documents cited in examination report, the examination is under process and reply is still awaited from the Applicant Beijing Wonner Biotech Ltd. Co., ZHANG, Zuoguang, CHI, Yuh-Fen. / CHINA.