Ref: Examiner(s) Comments in the Examination Report Dated: 07.09.2012 in the context of Patent Application No. 1734/DEL/2007 at CGPDTM

1. Relevant Extract of CGPDTM Examination report

Based on search conducted in TKDL database the Examiner concluded:


Claims 1-4 lack novelty and inventive step and falls u/s 2(1)j of the Patents act 1970 in the light of the documents cited below:

3. BP/1238 Trij?ty?dic?r?am: http://www.tkdl.res.in/tkdl/langdefault/Ayurveda/Ayu_Advancesearch.asp?GL=Eng

4. RG/183Dr?k??dyamc?r?am

The above two documents shows herbal compositions containing neem and camphor used for the treatment of Eczema and related diseases.

The claims of the present invention are directed towards a herbal composition containing neem,sesame oil and camphor used in the treatment of eczema.claims are anticipated by the prior art documents mentioned above leading to lack of novelty and inventive step.

Claims1-5 fall u/s 3(p) of the patents act 1970 as they are directed towards a herbal composition /process whose ingredients are traditionally known for the treatment of medicinal conditions and hence cannot be allowed. “

Full examination report can be referred at 1734-DEL-2007.pdf

2. Outcomes of Examination Report

As the outcome of TKDL references and other documents cited in examination report, Controller decided to refuse the Application 1734/DEL/2007 for grant of patent on 10.03.2014.