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 Cannabis sativa for the treatment of cancer, diabetes and inflammation from the books – Therayar Maha Karisal by Therayar (Siddha, Exhibit 1), Chimittu Rathna churukkam (Siddha, Exhibit 2) Athmarakshaamirtham by Kandasamy Mudaliar (Siddha, Exhibit 3), Agathiyar vaithya vallathi 600 by Agathiyar (siddha, Exhibit 4), Pulippani vaithiyam 500 by Pulippani (Siddha, Exhibit 5), Bogar 700 by Bogar (Siddha, Exhibit 6) and Rasatantrasarah Evam Siddhaprayogasamgrahah (Ayurveda, Exhibit 7).

2. Relevant extract of EPO Examination Report

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

“The third party observation received on 23.04-2010 pursuant to Art. 115 EPC; in particular document Exhibits 1-6 calls into question the patentability of the subject-matter claimed for the reasons given below. Thus, these documents will be taken into account in the proceedings (Guidelines E-V, 3).
These documents disclose formulations comprising Cannabis sativa for the treatment of cancer.”

Full examination report can be referred at EP2146731.pdf

3. Outcome of  Third Party Observation and Examination Report

As the outcome of TKDL third party and other documents cited in examination report, claims amended by the applicant, pursuant to which, further processing of the application has been allowed.