1565/CHE/2006


Ref: Applicant Comments in the Applicant Reply Statement Dated: 09.04.2012 on TKDL References in the context of Patent Application No. 1565/CHE/2006 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 Syzygium cuminii (Jamun) for the treatment of Diabetes mellitus from the books – Khazaain-al-Advia, Vol II by Mohammad Najmul Ghani Khan (Unani, Exhibit 1 & 2), TherayarKappiyam by Therayar (Siddha, Exhibit 3), Aryabhisaka by Smkaradajisastripade (Ayurveda, Exhibit 4) and Muheet-e-Azam Vol. II ( Part I) by Mohammad Azam Khan (Unani, Exhibit 5).

2. Relevant Extract of Applicant Reply Statement

Applicant took cognizance of TKDL references. Extract of Applicant reply at Para 3 are reproduced below.



“Initially, the Applicant respectfully acknowledges TKDL for its traditional knowledge database, traditional knowledge of Ayurveda, Unani and Siddha, the references from which are somewhere relevant to said application and also would like to mention that Applicant is ready to make necessary amendments in the specification/claims to the satisfaction of the Controller of Patents as directed by the Learned Controller of Patents at the end of this Pre-grant Opposition decision.”



Full examination report can be referred at 1565_CHE_2006.pdf

3. Outcomes of TKDL References and Applicant reply

As the outcome of TKDL References and Applicant reply, the examination of the application (Applicant AVESTHA GENGRAINE TECHNOLOGIES PVT. LTD., India ) is still under process.