Patent On Traditional Knowledge- Patent Office Decision On Development Center For Biotechnology (Taiwan) Vs CSIR

In a recent decision taken against the pre-grant opposition filed by the Council of Scientific & Industrial Research, the Patent Office granted patent rights for the invention titled "A Pharmaceutical Composition And Process Thereof For The Preparation Of Plant Extracts For Treating Skin Disorders And Enhancing Healing Of Wounds" (provisionally numbered as 1556/ KOL/2007)" filed by Development Center For Biotechnology (The Applicant), a Taiwanese company. The grounds of Opposition are lack of novelty and inventive step. A detailed analysis of the case is as follows,

The Applicant has amended the claims twice one before filing the Pre-grant opposition followed by the final amended set of claims after filing the Pre-grant opposition. The claims are processing, extraction, composition and use claims. The first 10 claims in 'as filed' format comprise of a process for the preparation of Plectanthus amboinicus extracts, a plant extract. The said process is being prepared