L AW P LUS RESPONSE OF ALOK BOSE AND AMIT BOSE represented by Kowit Somwaiya, LawPlus Ltd. submitted to SPECIAL TRIBUNAL PATENT APPLICATION FOR NANOCURCUMIN.

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Presentation transcript:

L AW P LUS RESPONSE OF ALOK BOSE AND AMIT BOSE represented by Kowit Somwaiya, LawPlus Ltd. submitted to SPECIAL TRIBUNAL PATENT APPLICATION FOR NANOCURCUMIN Opposition of Arjuna Natural Extracts Ltd. (Ajanta) Claim of the Society for Protection of Turmeric (SPOT) 2007 APAA EMERGING IP RIGHTS Adelaide, Australia, 18 th November 2007

L AW P LUS I. RESPONSE TO AJANTA (1) NANOCURCUMIN Alok Bose & Amit Bose BIOCURCUMAX Ajanta 1.Synthesization of nanoparticles of curcumin and special polymers 2.Nano-scale structure of mn in diameter 1.Mixture (blend) of extracted curcumin crystals and essential oil of turmeric 2.Large-scale structure compound

L AW P LUS II. RESPONSE TO AJANTA (2) NANOCURCUMIN Alok Bose & Amit Bose BIOCURCUMAX Ajanta 3.Hydrophobic interior and hydrophilic exterior resulting in highly improved solubility to aqueous media 4.Much better absorption due to high solubility (can easily pass from gut to bloodstream) 5.High bioavailability as a result of better absorption 3.Insoluable nature to aqueous media 4.Poor absorption due to insoluable nature 5.Poor bioavailability due to poor absorption

L AW P LUS III. RESPONSE TO SPOT (1) Section 3 of the IBDA Procurement of Biological Resources needs permission from the NBA only if it is for:- -Research -Commercial Utilization -Bio-survey and Bio-Utilization But the NBA permission requirement applies to only:- -Non-Indian citizen -Indian citizen who is not a resident of India Facts and Response Amit Bose did not denounce his Indian citizenship Amit Bose pays Indian tax and thus is a resident of India Application will be amended: -to drop the name of Amit Bose -to add full disclosure of the Biological Resources (Curcuma longa)

L AW P LUS IV. RESPONSE TO SPOT (2) Section 4 of the IBDA Prevents a transfer of a result of any research relating to Biological Resources to a non-Indian person without prior permission of the NBA Transfer does not include publication of research papers Facts and Response Amit Bose holds dual citizenships (Indian + US) Applicants are willing to amend application to drop the name of Amit Bose

L AW P LUS V. RESPONSE TO SPOT (3) Section 6 of the IBDA Prevents filing of an application for intellectual property rights based on Biological Resources without prior approval of the NBA Section 6 (1) allows obtaining approval from the NBA after the patent application is accepted Facts and Response Full disclosure of Biological Resources will be added to the application

L AW P LUS VI. NANOCURCUMIN IS PATENTABLE New and different substance than the prior act Nanocurcumin particles + special polymers vs curcumin crystals + essential oil Has novelty Has higher inventive step (non-obvious) Has industrial applicability Applicants can amend application to comply with the IBDA -to drop Amit Bose -to add full disclosure of Biological Resources