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 Juniperus communis (Common juniper), Prunus cerasus (Sour cherry), Citrus limon (Nimbu), Lupinus albus (White lupin), Achillea millefolium (Bloodwort) for the treatment of blackish skin, Skin Marks, Ptyriasis Nigra, Chloasma / Melasma / Melanoderma, Mothers mark/Naevus and also as a complexion enhancer from the books – Kitaab-al-Haawi-fil-Tibb by Abu Bakr Mohammad.Bin Zakariyya Al-Razi (Unani,Exhibit 1), Muheet-e-Azam Vol. I by Mohammad Azam Khan (Unani,Exhibit 2:), Kitaab-al-Haawi-fil-Tibb, Vol.XX by  Abu Bakr Mohammad.Bin Zakariyya Al-Razi (Unani, Exhibit 3), Kitaab-al-'Umdah-fil-Jeraahat, Part  II by Aminuddaulah Abul Farj Ibn Al-Quff  Maseehi (Unani,Exhibit 4), Muheet-e-Azam, Vol. I by Mohammad Azam Khan (Unani,Exhibit 5), Khazaain-al-Advia, Vol II by Mohammad Najmul Ghani Khan (Unani, Exhibit 6) and  Qaraabaadeen Najm-al-Ghani by Mohammad Najmul Ghani Khan (Unani,Exhibit 7).

2. Relevant Extract of EPO Examination report

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

“The third-party observation received on 14.07.2010 pursuant to Art. 115 EPC; in particular exhibit 1-7 calls into question the patentability of the subject-matter claimed for the reasons given below. These documents can be relevant for the assessment of inventive step.”

Full examination report can be referred at EP2157978.pdf

3. Outcomes of Third Party Observations & Examination Report.

As the outcome of TKDL third party and other documents cited in examination report, Applicant M/s BASF BEAUTY CARE SOLUTIONS FRA, France, decided not to pay the renewal fee of his 4 years old application filed on 06.06.2008, which he did pay for 4 years. Application was deemed to be withdrawn on 27.11.2012.