153/MUM/2011


Ref: Examiner(s) Comments in the Examination Report Dated: 04.03.2013 on TKDL Submission Dated: 19.04.2012 in the context of Patent Application No. 153/MUM/2011 at CGPDTM


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 Phyllanthus emblica (Aamla) and Curcuma longa (turmeric) for the treatment of jaundice and obstructive jaundice from the books – Cakradattah by Cakrapanidattah (Ayurveda, Exhibit 1), Rasendracintamanaih by Dundukanatha (Ayurveda, Exhibit 2), Khazaain-al-Advia, Vol. I by Mohammad Najmul Ghani Khan (Unani, Exhibit 3), Caraka Samhita by Agnivesa (Ayurveda, Exhibit 4), Kitaab-al-Haawi-fil-Tibb, Vol.VII by Abu Bakr Mohammad.Bin Zakariyya Al-Razi (Unani, Exhibit 5), Al-Jaam'e-li-Mufradaat-al-Advia-wal-Aghzia, Vol. III by Ziya Al- Din Abdullah Ibn Al- Baitar; (Unani, Exhibit 6), Kitaab-al-Haawi-fil-Tibb, Vol.XX by Abu Bakr Mohammad.Bin Zakariyya Al-Razi (Unani, Exhibit 7) and Vaidyamanorama by Kai Dasa (Ayurveda, Exhibit 8).


2. Relevant Extract of CGPDTM Examination report

CGPDTM Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 1 are reproduced below.

“The following objections are hereby communicated
b) Objections :

Reference is made to following document;

D1; Rasacade or Rasaratnasa graha Edited by Vaidaraja Datoo Ballalm, Borkar, published by Yagneshwar Gopal Dixit, Book seller Budhwar Peth, Pune 2nd Edition1928, Page 425, Traditional knowledge Digital library, TKDL,

D2; Gandaingraha ed, Ganga Sahaya Pandeya and Com Indradeva Tripathi, Part-Prayoga Khanda Chaukhamba Sanskrti Santhan Varanasi, Ed 3rd, 1999 , Page 353, , Traditional knowledge Digital library, TKDL,

Subejct-matter claimed in claims 1-6 is not meeting requirement of section 2 (1) (j) (a) of Patents Act being obvious over document D1-D5;

Document D1 disclsoes use of Phyllanthus emblica for treating liver related disease,

Document D2 disclsoes Curcuma longa for treating liver related disease,”

Full examination report can be referred at 153-MUM-2011.pdf

3. 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 and reply is still awaited from the Applicant DR. SHUKLA MUKESH HARILAL/ India.