Ref: Examiner(s) Comments in the Examination Report Dated: 06.09.2012 in the context of Patent Application No. 1752/DEL/2007 at CGPDTM

1. Relevant Extract of CGPDTM Examination report

Based on search conducted in TKDL database the Examiner concluded:


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

3. http://www.tkdl.res.in/tkdl/langdefault/Unani/Una_Advancesearch.asp?GL=Eng

MA2/355 Safoof Barai Hikka
size 7079 bytes - 12/10/2009 7:41:28 AM GMT

From these documents it is clear that the ingredients used in the present composition are traditionally known. The ingredients used are of unani medicinal origin.

1.claims 1-4 falls u/s 3(p) of the Patents act 1970 as the subject matter is related to traditional knowledge.The ingredients used for the preparation of the herbal composition is traditionally known as unani medicine for the same purpose as that of the present invention.

2.claim 1 also falls u/s 3(e) of the Patents act 1970 as the claims are related to a herbal composition which appears to be a mere admixture.In the absence of sufficient experimental data it is not celar if any unknown technical effect is produced by using this composition incomparison to what is already known from the prior art documents.”

Full examination report can be referred at 1752-DEL-2007.pdf

2. Outcomes of Examination Report

As the outcome of TKDL references and other documents cited in examination report, the Application is under hearing.