EP2609922


Ref: Examiner(s) Comments in the Examination Report Dated: 08.12.2014 on TKDL Submission Dated: 27.06.2014 in the context of Patent Application No. 11819385.3 (EP2609922) at EPO


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 Astragalus gummifer and Glycyrrhiza glabra (licorice) for the treatment of Liver disease, Liver abscess, Icterus/Jaundice, Hepatalgia, Hepatitis, Hepatargia/ Hepatosis, Hepatic diarrhoea, Hepatic obstruction, Hepatic sclerosis and Ascites and as Hepatotonic and Cholagogue from brain from the books – Qaraabaadeen Azam wa Akmal by Mohammad Akmal Khan (Unani, Exhibit 1, 6 & 7), Ikseer Azam by Mohammad Azam Khan (Unani, Exhibit 2, 3 & 9), Qaraabaadeen Najm-al-Ghani by Mohammad Najmul Ghani Khan (Unani, Exhibit 4), Al-Qaanoon-fil-Tibb by Abu Ali Ibn-e-Sina (Unani, Exhibit 5) and Kitaab-al-Haawi-fil-Tibb by Abu Bakr Mohammad.Bin Zakariyya Al-Razi (Unani, Exhibit 8).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report at para 2 are reproduced below.

“A ‘Third Party Observation’ under Article 115 EPC has been filed (on 03/06/2014), where prior art documents have been provided which already report on formulations containing Astragalus Gummifer and Glycyrrhiza glabra L. in combination for the treatment of liver diseases such as hepatitis, hepatosis, hepatic diarrhea or hepatic obstruction (Exhibits 1-5).”

Full examination report can be referred at EP2609922.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 M/S Shuguang Hospital Affiliated To Shanghai University of Traditional Chinese Medicine / China.