1. Third Party Observations under Section 21 of UK Patent Act

TKDL third party submission under Section 21 of UK Patent Act brought to the notice of examination division the prior art references on the use of Camellia sinenisis (tea) and Glycyrrhiza glabra (licorice) for the treatment of Bronchial Asthma, Arthritis and cancer from the books – Qaraabaadeen Azam wa Akmal by Mohammad Akmal Khan (Unani, Exhibit 1), Qaraabaadeen Najm-al-Ghani by Mohammad Najmul Ghani Khan (Unani, Exhibit 2 & 4), Kitaab-al-Haawi-fil-Tibb by Abu Bakr Mohammad Bin Zakariyya Al-Razi (Unani, Exhibit 3) and Ikseer Azam by Mohammad Aazam Khan (Unani, Exhibit 5).

2. Relevant Extract of UKPTO Examination report

UKPTO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 5, 6, 9, 10, 11 are reproduced below.

“Document cited below in respect to novelty and inventive step

Although D1-4, D5 and D6 were not cited in the original search, D3 part of the third party observations received in relation to your application and forwarded to you on 5 November 2010.

Novelty

D3 : Qaraabaadeen Azam wa Akmal (1909) by Mohammad Akmal Khan. Pg 589.
Formulation ID: AH5/2669. Formulation Name: Qahwah Bara-e- Zeequ-n- Nafas. This corresponds to Exhibit 1 of the Third party observations, Exhibit 1. Relevant to claims 1 and 4.

D3 discloses a composition comprising Camellia sinensis and Glycyrrhiza glabra along with other ingredients used for the treatment of Bronchial asthma. As stated at page 5 lines 19-24, the catechin may be in the form unpurified plant extract from Camellia sinensis. As stated at page 6 lines 1-6, the paeonol may be found in Glycyrrhiza glabra. Therefore D3 anticipates claims 1 and 4.

Inventive step

D3: Third party observations, Exhibit 1. Relevant to claims 13 and 14.

As should be self apparent from the above discussion of D1-D3, these documents teach therapeutic uses relevant to claims 13 and 14.

Please note that I have given consideration to the documents cited against the WO equivalent of your application and to the third party observations received regarding your application.”

Full examination report can be referred at GB2463080.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 NICHOLAS JOHN LARKINS, Apartment 60, Westminster Gardens, Marsham Street, London / United Kingdom.