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 Curcuma longa (Turmeric) for the treatment of inflammatory diseases such as inflammation of testicles and chronic lymphadenitis; cancer, Geriatric diseases and as anti oxidant, complexion promoting, lusture promoting, intellect promoting and memory enhancer from the books – Arkaprakasah by Lankapatiravana (Ayurveda, Exhibit 1), Madanapalanighantauh by Madanapala (Ayurveda, Exhibit 2), Rasatarangini by Sadanandaarma (Ayurveda, Exhibit 3), Bharata Bhaisajya Ratnakara; (Ayurveda, Exhibit 4), Vaidyamanorama by Kali Dasa; (Ayurveda, Exhibit 5), Rasaratnakarah-Rasendra khandam by Nityanathasiddhah;(Ayurveda, Exhibit 6), Qaraabaadeen Najm-al-Ghani by Mohammad Najmul Ghani Khan (Unani, Exhibit 7), Bhaisajya Ratnavali by Govinda Dasa (Ayurveda,Exhibit 8) and Sodhalanighantauh by Sodhala (Ayurveda,Exhibit 9).
2. Relevant Extract of CGPDTM Examination report
CGPDTM Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at Para 1.3, 1.4,5 & 6 are reproduced below.
“From TKDL website Curcurmin (diferuloxylmethane), isolated from turmeric (Curcuma longa) has used for centuries in India and elsewhere as a dietary spice and as a herbal medicine. In Traditional Knowledge Digital Library (TKDL), there are several references where Curcuma longa has been used for treatment of inflammation, cancer and other Geriatric diseases is available. 1. Lankapatiravana: “haridra arka gunah” key attributes of tkdl ak 14/51b 2. Madanapala: “haridra guna” key attributes of tkdl rs 15/111 3. Sadanandasarma: “suvarna bhasma amayika prayoga-32” key attributes of tkdl ak 1/349f1 pages 1 – 8 4. naginadasa chaganalala saha: “nagaradicurnam” key attributes of tkdl rg/608 5. anonymous: “hemasutakarasah” key attributes of tkdl vs/2043 pages 1 – 3 6. trimalla bhatta: “vasantkusmakar” key attributes of tkdl ak 10/311 pages 1 – 4 7. nagindasa chaganalala saha: “agninmukhamlavanam” key attributes of tkdl ab/48 pages 1 – 3 8. nityanathasiddhah: “talyanavalehah” key attributes of tkdl ak/1378 pages ? 3 9. yadavaji trikamaji acarya: “vasant kusumakara rasah prayoga” key attributes of tkdl ak 15/218a page 1 10. kali dasa: “haritakyadiyogahh (02)” key attributes of tkdl hg/1265 pages 1 – 3 The claimed composition and its source curcuma longa and its use in treatment of cancer and other free radical mediated diseases has already and disclosed in the cited documents. Hence the invention lack inventive step.
Claims 1 and 2 and 11-14 attracts section 3 (e) of Patent Act 1970
Claims 14 and 15 claims for method of treatment, are not allowable U/S 3 (i) of Patent Act 1970.
The subject matter of the present invention attracts section 3(p) of patent act 1970, as the use of the compounds isolated from the root of Curcuma longa is already known in treatment of various diseases like inflammatory diseases, cancer and geriatric diseases and as anti oxidant etc. as disclosed in TKDL website. (Refer TKDL documents cited).”
Full examination report can be referred at 881_CHENP_2008.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 Applicant GOGARAJU GANGA RAJU amended the claims on 05.08.2013.