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Patents Act 1970

(Section 15)
In the matter of the Patents Act 1970,
In the matter of Patents Rule 2003,
In the matter of application for Patent
1881/MUM/2014 dtd. 07/06/2014 which is
an ordinary application
Applicant – 1. Suhas Bhand 2. Organic Recycling systems Pvt. Ltd
Title: Integrated process for pre-treatment and anaerobic digestion of waste and
apparatus used therein
Hearing scheduled on 12/06/2020 at 3 p.m. before Dr. S. Chattopadhyay, Deputy Controller of
Patents and Designs
DECISION
An application for a Patent bearing number 1881/MUM/2014 was filed in
Patent Office, Mumbai on 07/06/2014 which is an ordinary application and a request for
examination has been filed on 14/07/2016 (R20162020464 ).The said application was examined
under Section 12 and 13 of The Patents Act and First Examination Report containing a statement
of objections was forwarded on 10/10/2018 and the applicant’s agent filed response to FER
on09/04/2019.
The said response was examined and investigated as per the provisions under Section
13 (3) of The Patents Act, 1970, (as amended) in manner as the original specification by the
Examiner of Patents & Designs. After considering the Examiner report and my own findings, I
found that the application was not in order for grant and in order to dispose this application , the
hearing was offered to applicant on 12/06/2020 at 3 p.m. through videoconferencing vide official
letter dtd.08/05/2020 containing statement of outstanding objections in the said communication
as attached herewith.
The hearing was attended by the agent of the applicant in prescribed manner and
submission was made subsequently along with proposed claims which are annexed herewith.
Considering the said submission, it is being concluded that the objection related to Invention u/s
2(1)(j) of the Act, non-patentability u/s 3 of the Act, other requirement along sufficiency of
disclosure u/s 10 (4) of the Act are found to be adequately addressed and the same are hereby
waived. The application was made in order for grant on 01/10/2020 in absence of the formal
requirement regarding NBA which was yet to be complied. Now the relevant document
regarding NBA has been forwarded and uploaded on 10/06/2022. Hence, the formal requirement
is found to be addressed and is hereby waived.

1
So in view of the facts and circumstances of the application as above and outstanding
objections of this hearing notice 1881/MUM/2014 dtd. 08/05/2020 which are waived in the
opinion of undersigned and I hereby grant application no. 1881/MUM/2014 dtd.07/06/2014
against the said hearing notice dtd.11/02/2022 under the provision of the Act. The granted claims
are 9 submitted on26/06/2020.. There is no pre grant opposition filed u/s 25(1)of the Act as on
date as evident from electronic module.

(Dr. S. Chattopadhyay))

Dy.. CONTROLLER OF PATENTS AND DESIGNS

Dtd. 16/06/2022

2
'

संदभ सं. / Ref. No: पेषण िदनांक / Date of Dispatch:


POK/Application No /1881/MUM/2014 08/05/2020

सेवा मे, / To
आवेदक /Applicant:
Suhas Bhand

Registerd Address For Service :MR. MADAN ANTONY JOSE, Khaitan & Co One Indiabulls Centre, 13th Floor 841 Senapati Bapat Marg
Elphinstone Road Mumbai 400 013, Maharashtra, India. Email: kcopatents@khaitanco.com,nisha.austine@khaitanco.com

िवप ी /Opponent:
NA

ई-मेल पेिषत /Email Sent to:


nisha.austine@khaitanco.com

िवषय: आवेदन सं या 1881/MUM/2014 के संदभ मे सुनवाई नोिटस


Sub: Hearing Notice in Reference of Application No. 1881/MUM/2014

सुनवाई थल / Hearing Location: Through Video Conferencing


सुनवाई िदनांक व समय / Hearing Date & Time: 12/06/2020 / 15:00 HRS(IST) for (40 Mins)
िनयंतक ईमेल /Controller's EmailId: sukanya.ipo@nic.in

आपके ारा पथम परी ण रपोट/ अनुवत परी ण रपोट के उ र के संदभ मे, िदनांक 12/06/2020 को 15:00 HRS(IST) for (40 Mins) बजे िविडयो कॉ फिसंग
मामले मे Hearing U/S (14) सुनवाई तय क गयी है अतः, आपको उपरो िदनांक व समय पर िनयंतक के सम सुनवाई हे तु उपि थत होना है
With reference to your reply to the First examination Report/Subsequent Examination Report, a Hearing U/S (14) hearing has been
scheduled in the matter through Video Conferencing on 12/06/2020 at 15:00 HRS(IST) for (40 Mins) . You are therefore, required to
appear before the Controller for the hearing on said date and time.

इस आवेदन को पेटट अनुदान हे तु कम मे लाने क अंितम ितिथ से पूव / अंितम ितिथ के उपरांत, िन निलिखत आपि यां अभी भी शेष ह
The following objection(s) are still outstanding before / after the expiry of last date for putting this application in order for grant of
patent.

Dr. SUKANYA CHATTOPADHYAY


Deputy Controller of Patents & Designs
*िदनांक/समय, थल, ि थित व सुनवाई के बारे म अ य िववरण के िलए: कृ पया िन निलिखत यूआरएल देख http://ipindiaservices.gov.in/PatentCauseList
Please refer to the following URL for: Date/Time, Venue, Status and other details about the Hearing
http://ipindiaservices.gov.in/PatentCauseList
िट पणी:- िविडयो कॉ फिसंग के मा यम से सुनवाई के समय के संबंध मे मेल अलग से भेजी जाएगी
Note:- Separate mail will be sent regarding the time of the Hearing through Video Conference.

* Hearing Objections are attached.


THE PATENT OFFICE Date-08-05-2020

Objections

Formal Requirement(s)

1. The biological material (i.e. plant part) have been used in the present invention; therefore, the source and geographical
origin of the same should be disclosed in the specification to meet the requirement of Section 10(4) of the Act and & if the
origin is from India, NBA approval is required. If it’s not from India the specification should be amended by way of
incorporation of a separate heading/paragraph at the beginning of the description that the biological materials used in the
invention is not from India and should clearly specify the country of source & geographical origin of the same. Further,
declarations in column 9(iii) of Form-1, especially regarding use of biological material obtained from India, to be completed.

Invention u/s 2(1)(j)

1. The subject matter of the amended claims 1-18 still lacks inventive step u/s 2(1)(ja) of the Patents Act 1970 as amended by
the Patents(Amendment) Act 2005 in view of the following prior art documents-
D1: US4491522A (previously cited)
D2: US20070158264A1 (previously cited)
D1 relates to a process of treating organic wastes for recovering methane from organic wastes by the fermentation effect of
anaerobic bacteria. D1 also mentions ‘…also in a case like city garbage that may contain such ingredients which do not
contribute to fermentation as metals, small gravels, pieces of plastics and fragments of glass, it is useful to subject it to a
pretreatment that may facilitate anaerobic digestion, i.e. to remove and separate these foreign materials, or to treat them by
heat…’ and ‘Inorganic Ingredients’ (see, table 1). D1 doesn’t provide any device relating to that process.
However, D2 provides methods and device (anaerobic phased solids digester system) for the generation of methane by a
two phase anaerobic phase system (APS) digestion of organic substrates. The APS-digester system is a space-efficient,
high-rate solids digestion system. The APS-digester system consists of one or more hydrolysis reactors, a buffer tank and
one bio gasification reactor.
Hence, from the combined teachings of the prior art documents D1-D2, person skilled in the art can easily arrive at the
present invention. The further features of the said dependent claims are not associated with an unexpected technical effect
and would be considered by the skilled person as a combination of obvious, known features, in consideration of the
disclosure of the prior art, or they concern only minor modifications which lie within the normal practice of the person skilled
in the art. Thus, an inventive step cannot be acknowledged.

Non-Patentability u/s 3

1. (1) Without prejudice to the above objection, claims 1-9 attracts the provisions of section 3(d) of the Act, as it is a mere use
of a known process for pre-treatment and anaerobic digestion of waste which does not result in a new product or employs
any new reactant.
(2) Without prejudice to above objection, claims 10-18 attracts the provisions of section 3(f) of the Act, as the apparatus for
solid waste treatment, can be considered as a mere arrangement or rearrangement of known devices in D1 and D2 each
functioning independently of one another in a known way.

Other Requirement(s)

1. Notwithstanding the above objections, claims 10-18 of the alleged invention are not definitive in absence of explicit
statements of the alleged invention. In the absence of numerical apparatus should be given therein.

Sufficiency of Disclosure u/s 10 (4)

1. Claims do not sufficiently define the invention. Claims 10 and 13 are formulated as independent claims, but they appear to
relate effectively to the same subject matter related to apparatus for separation of solid waste of different fraction size and
differs from each other only with regard to the definition of the subject matter for which protection is sought. Hence in view of
various independent claims in the same category with overlapping scope, the exact nature and scope of the alleged
invention is obfuscated. Claims should be brought out in such a way that all the essential features must be present in one
independent claim to define the invention.

Page 1 of 1
O/Ref: O/Ref: MUM/12-13/00237
Y/Ref: Application No/1881/MUM/2014
26 June 2020

The Controller of Patents


The Patent Office
Mumbai

Attention of
Dr Sukanya Chattopadhyay
Controller of Patents

Dear Sirs

Indian Patent Application No 1881/MUM/2014


Filed on 7 June 2014
Integrated process for pre-treatment and anaerobic digestion of waste and apparatus
used therein
Suhas Bhand, and
Organic Recycling Systems Pvt. Ltd.

We refer to the Hearing Notice dated 8 May 2020 appointing a hearing before Dr Sukanya
Chattopadhyay, Deputy Controller of Patents and Designs, via video conferencing on 12
June 2020.

We now submit our response to the objections in the hearing notice as under:

Regarding objection in paragraph 1 on Formal Requirement, we submit that the subject


invention does not use any biological resource and hence the requirement for NBA
permission is not required. However, as discussed, we shall seek the opinion of the NBA and
proceed further as per the instructions received from the NBA.
Regarding objection in paragraph 2 on inventive step in view of documents D1 and D2, we
respectfully resist the said objection and submit that the instant invention involves inventive
step in view of cited art. We submit the following reply in this context:

The Present Invention


The present invention relates to an integrated process for pre-treatment and anaerobic
digestion of mixed solid waste. The present invention further relates to apparatus used in
the process for pre-treatment and anaerobic digestion of said waste. The process involves
the steps of (a) segregating inorganic and organic fraction of the waste; (b) homogenising,
pulverising and reducing particle size of the organic fraction obtained from step (a); (c)
mixing the homogenised and pulverised organic fraction obtained from step (b) with steam
and digestate ; (d) loading the organic fraction obtained from step (c) into an anaerobic
digester for anaerobically degrading the organic fraction to generate biogas and obtain
digestate; (e) recycling 20-30% of digestate obtained from step (d) to buffered organic
fraction and using remaining 70-80% digestate for treatment in flocculant dosing system
and (f) dewatering the remaining digestate from step (e) and converting into compost.

We would now like to deliberate the contents of cited documents D1 and D2 along with
inventiveness of the Present Invention vis-à-vis the cited documents, as follows:

D1 – US4491522A
Document D1 relates to an anaerobic digestion process for organic wastes with a high
efficiency and an improved recovery rate of methane. This process comprises of (1)
anaerobically digesting organic wastes under simultaneous presence of facultative
anaerobic bacteria and obligatory anaerobic bacteria, (2) separating the anaerobically
digested slurry obtained from the step (1) into a liquor fraction containing the two groups of
bacteria and an undecomposed solid fraction, (3) mixing the liquor fraction obtained from
the step (2) with the surplus activated sludge slurry produced by anaerobically treating
organic waste water, under anaerobic condition, (4) separating the mixed slurry obtained

2
from the step (3) into a solid fraction containing the surplus activated sludge which has
absorbed the two groups of bacteria and a liquor fraction, and recycling back the solid
fraction obtained from the step (4) as the sources of the two groups of bacteria and
nitrogen to the step (1).

From the disclosure contained in D1, it is clear that firstly, D1 relates to an anaerobic
digestion process for organic wastes, whereas, the present invention relates to a process of
pre-treatment and anaerobic digestion of waste, more particularly municipal solid waste,
which would include both organic and inorganic fractions. The process as claimed in the
present invention involves segregating inorganic and organic fraction of the waste whereby
the incoming waste is weighed over a weigh bride and loaded on a Grizzly Screen which aids
in segregating. Further, the process comprises of homogenizing, pluverizing and reducing
particle size of the organic waste whereby the waste is passed on to a rotary screen and a
high speed conveyor and is then fed into a magnetic separator. Lastly, the process of the
present invention allows processing of unsegregated waste to an extent that the process
does not produce any waste and is not restricted to a particular type of waste.

It is amply clear that there is no teaching in document D1 in view of which the present
invention can be construed to be obvious. Moreover, there is no teaching in D1 which can
be said to motivate a person skilled in the art to modify it and successfully arrive at the
present invention. Furthermore, document D1 only teaches a process for anaerobic
digestion of organic wastes and does neither contain any disclosure regarding an apparatus
for blending and storing of waste during waste treatment. Accordingly, the present
invention is entirely non obvious to a person skilled in the art in view of document D1, thus
making the present invention, inventive over D1.

D2 - US20070158264A1
Document D2 relates to an anaerobic phased solids digester for biogas production from
organic solid wastes. D2 provides methods for the generation of methane by a two phase

3
anaerobic phase system (APS) digestion of organic substrates. Also provided is a device for
practicing the methods disclosed in document D2. The APS-digester system is a space-
efficient, high-rate solids digestion system. The APS-digester system consists of one or more
hydrolysis reactors, a buffer tank and one biogasification reactor.

Thus, document D2 is a method for producing a gas which is a member selected from
methane, hydrogen and combinations thereof using two-phase anaerobic digestion of solid
organic material. The method comprises incubating a first hydrolysis mixture in a first
hydrolysis phase vessel. Further, a portion of aqueous liquid is transferred to a buffer tank
forming a buffer tank mixture. The buffer tank mixture is then transferred to a gasification
reactor to form a biogasification mixture. The biogasification mixture is then incubated
during which gas is generated and further, a portion of the biogasification mixture is
transferred into a hydrolysis phase vessel for further incubation. Document D2 also relates
to an anaerobic phased solid digester system. The system comprises of a first hydrolysis
phase vessel; a buffer tank and a biogasification reactor.

From the above it is abundantly clear that D2 has no disclosure which would be construed
as a teaching which, upon modification would lead a person skilled in the art to the
disclosure contained in the present invention. More aptly, document D2 can be said to be
unrelated to the present invention making the present invention inventive over D2.

Thus a person skilled in the art will not refer to the cited documents for arriving at the
instant claims of the present invention because the process as disclosed in the present
invention is different from the process as disclosed in the cited documents and none of the
cited prior art documents disclose, teach or suggest the compound or how to carry out the
invention such that it will fall within the ambit of the claims of the present invention. In the
absence of any relevant prior art, the significant difference illustrates the non obviousness
of the claimed process and hence we request the Learned Controller to waive the current
objections.

4
For ease of reference, we provide herewith a table differentiating the present claimed
process with the disclosures in D1 and D2.

PRESENT INVENTION D1

The present invention relates to a process for D1 relates to an anaerobic process for
treating municipal solid waste comprising treating only organic waste.
both organic and inorganic wastes.

The process utilises steam for maintaining The process utilizes a mixture of micro-
temperature during digestion of the waste organisms i.e. facultative anaerobic bacteria
under natural process of decomposition of and obligatory anaerobic bacteria.
the waste fraction without any external
additions of micro-organism . The process is a
one step digestion process.

The anaerobic digestion is mainly of the solid The anaerobic digestion process requires
waste and there is no addition of any liquid addition of huge quantity of water to
or water thus resulting in a green enable the digestion.
environment friendly process.

PRESENT INVENTION D2

The present invention relates to a process D2 relates to an anaerobic phased solids


for treating municipal solid waste digester for biogas production from organic
comprising both organic and inorganic solid wastes.
wastes.

The present invention is a single phase D2 provides methods for the generation of
digestion process. methane by a two phase anaerobic phase

5
PRESENT INVENTION D2

system (APS) digestion of organic


substrates.

The present invention utilises a single The APS-digester system consists of one or
reactor for digestion. more hydrolysis reactors, a buffer tank and
one biogasification reactor.

The single phase digester ensures the In the APS digester system, organic
maintenance of VFA’s through the mixing of compounds in the organic substrates are
20-30% of the digestate along with the fresh liquefied into VFA's in the hydrolysis
feed. This aids in avoiding the inhibition of reactor.
microorganisms in single phase reactors.

In view of these, it is respectfully submitted that it would not be obvious to a skilled person
to reach the present invention with teachings of D1 and/or D2 either individually or in
combination. It is abundantly clear that none of the cited documents D1 to D2 is in any way
relevant to the inventiveness of the invention claimed in the present Indian application.
Also, it is evident from the above submissions that a person skilled in the art could never
have expected or predicted the result and advantages achieved with the process as
currently claimed. Thus, the present invention is clearly inventive over D1 and D2,
individually as well as in combination.
In view of the above, we respectfully request the Ld. Deputy Controller to waive off the
objection.

6
Regarding objection in paragraph 3 on non-patentability under section 3, we submit as
follows:

➢ The Learned Controller has objected to claims 1-9 under the provision of
section 3(d) of the Act for being a mere use of a known process which
does not result in a new product. We would respectfully like to apprise
the Learned Controller that the process of the present invention is not a
known process and there is no prior art which teaches the process as a
whole as disclosed in the present invention. Moreover, novelty in the
present invention has been accepted in the First Examination Report itself
by the Learned Controller. Moreover, the present invention allows
processing of unsegregated waste to an extent that the process does not
produce any waste and is not restricted to a particular type of waste. This
invention results in generation of green energy, i.e, power, organic
compost and in the process inorganic fraction so separated is recycled.
Hence, the said claims 1-9 do not fall in the ambit of section 3(d) of the
Act.

➢ The Learned Controller has objected to claims 10-18 under the provision
of section 3(f) of the Act for being a mere arrangement of known devices
in D1 and D2 each functioning independently of one another in a known
way. As discussed, we have deleted the claims 10-18 and may be filing a
divisional application comprising these claims. Therefore, the objection
raised under section 3(f) stands moot.
In view of the above, we respectfully request the Ld. Deputy Controller to waive off the
objection.

Regarding the objection in paragraph 4 on Sufficiency of disclosure, we submit that the


deletion of the claims 10-18 from the subject application (may be filed in a divisional
application) renders the objection moot.

7
We submit that under Section 15 if you consider that any amendments are required in any
of the documents and/or any further compliance is required for the above application to
proceed to grant, we will be happy and agreeable to consider the same on being so told or
intimated.

We submit the undernoted documents for your further consideration and trust that the
application is in order for grant. We request you to issue the Letters Patent in respect of the
above application at an early date.

Yours faithfully
of Khaitan & Co

(Nisha Austine)
Agent for the Applicants
Reg No IN/PA-1390
Encl:
Complete specification with abstract
Marked-up copy of Claim amendments
Clean copy of claim amendments.

8
5 FORM 2
THE PATENTS ACT, 1970
As amended by the Patents (Amendment) Act, 2002
and
The Patents Rules, 2003
10 As amended by the Patents (Amendment) Rules 2016
COMPLETE SPECIFICATION
(Section 10 and Rule 13)

TITLE OF THE INVENTION

15 Integrated process for pre-treatment and anaerobic digestion of waste and

apparatus used therein

APPLICANTS

Suhas Bhand, A-wing 2401 Kshitij CHS, Sector-19, Palm Beach Road,

20 Sanpada, Navi Mumbai – 400705, Maharashtra, India, an Indian national

and

Organic Recycling Systems Pvt. Ltd., 501 Lakhani Centrium, Plot No. 27,

Sector-15, CBD Belapur, New Mumbai -400614, Maharashtra, India

25

PREAMBLE TO THE DESCRIPTION

The following specification particularly describes this invention and the manner in

which it is to be performed:

30
5 FIELD OF THE INVENTION

The present invention relates to an integrated process for pre-treatment and

anaerobic digestion of waste, particularly municipal solid waste. The present

invention further relates to apparatus used in the process for pre-treatment and

anaerobic digestion of said waste.

10

BACKGROUND OF THE INVENTION

Absence of source segregation has resulted in generation of unsegregated municipal

solid waste (msw) that comprises of large amount of inorganic and organic fraction

mixed together in various developing countries including India. Various techniques

15 or processes can be used to treat unsegregated municipal solid waste, such as,

incineration, landfill, anaerobic digestion.

Incineration is a process where the waste is burned at a very high temperature.

However, burning unsegregated waste containing inorganic fraction results in

20 generation of toxic fumes and the process of incineration requires large input of

power and thus high capital cost.

Landfilling is a process where the unsegregated municipal solid waste is dumped

into a dug out land and then covered with soil. Landfilling causes land

25 contamination due to the presence of inorganic fraction of toxic nature originating

from bio waste, pharmaceutical or chemical industry waste.

2
5 Anaerobic digestion is a process where organic fraction of the waste is degraded by

microorganisms and results in biogas generation and other byproducts. Anaerobic

digestion is successful when waste is organic in nature. Thus, anaerobic digestion

of msw is difficult because composition of same is diverse with presence of

inorganic fraction originating from different sources and results in inefficient

10 biological process.

MSW comprises of inorganic material such as plastics, textile, rubber, paper,

cardboard, wood, building waste materials including glass, metals, construction

debris. These inorganic fraction needs to be segregated and removed from the

15 organic fraction, since they inhibit the anaerobic digestion process of organic

fraction of the msw.

Various patents like US6905601, US6824686, US5389258, US5318909,

US5264349, EP1930404, EP1397482 describe processes for treating municipal

20 waste. However, none of the above patents describe an integrated process of pre-

treatment and digestion of the waste.

There is a need for an integrated process of pre-treatment and further treatment of

the solid municipal waste having high solid content for generating biogas and

25 compost thereof.

3
5 BRIEF DESCRIPTION OF THE DRAWINGS

In order that the disclosure may be readily understood and put into practical effect,

reference will now be made to exemplary embodiments as illustrated with reference

to the accompanying figures. The figures together with a detailed description

below, are incorporated in and form part of the specification, and serve to further

10 illustrate the embodiments and explain various principles and advantages, in

accordance with the present disclosure where:

Figure 1 is a block diagram illustrating the pre-treatment section of the process.

15 Figure 2 is a block diagram illustrating the anaerobic digestion process.

Figure 3 shows a cross-sectional view of apparatus for blending and storing waste

during waste treatment.

20 Figure 4a shows a longitudinal cross-sectional view of the apparatus for

homogenizing and pulverizing waste.

Figure 4b shows a front, interior view of the apparatus for homogenizing and

pulverizing waste.

25

4
5 DETAILED DESCRIPTION OF THE INVENTION

For simplicity and illustrative purposes, the present invention is described by

referring mainly to exemplary embodiments thereof. In the following description,

numerous specific details are set forth in order to provide a thorough understanding

of the present invention. It will be apparent, however, to one of ordinary skill in the

10 art that the present invention may be practiced without limitation to these specific

details. In other instances, well known methods have not been described in detail

so as not to unnecessarily obscure the present invention.

The present invention relates to a process of pre-treating waste, particularly msw,

15 in a series of techniques/processes for segregating the waste into organic and

inorganic fraction. The inorganic fraction is then recycled while the organic fraction

undergoes high temperature high solid anaerobic digestion through a sequence of

processing techniques that give the organic fraction of the msw optimal

characteristics and results in increase in the efficiency of the biological process

20 (High Temperature High Solids Anaerobic Digestion).

The present invention also relates to sorting and blending tank (15) (as illustrated

in figure 3) comprising

a container with a feed inlet, an inlet for recycle residue and at least one

25 steam inlet;

at least one baffle for dividing the container into chambers;

a propeller attached to each chamber; and

5
5 an outlet for treated waste to be transferred to digester.

The present invention further relates to an apparatus for homogenizing and

pulverizing waste (as illustrated in Fig 4) comprising

a drive assembly;

10 a hollow cylindrical container configured to be rotated by the drive

assembly, the container comprising

at least one inlet for introducing feed waste into the container;

a plurality of vertically extending ribs along inner surface of the container

and a plurality of projections at defined intervals along the inner surface of

15 the container, such that rotation of the vessel disintegrates the waste to

reduce particle size of the waste; and

at least one outlet for allowing the disintegrated waste to be removed from

the container.

20 The integrated process for pre-treatment and anaerobic digestion of waste

comprising the steps of

a) Segregating inorganic and organic fraction of the waste;

b) Homogenising, pulverising and reducing particle size of the

organic fraction obtained from step (a);

25 c) Mixing the homogenised and pulverised organic fraction

obtained from step (b) with steam and digestive;

6
5 d) Loading the organic fraction obtained from step (c) into an

anaerobic digester for anaerobically degrading the organic

fraction to generate biogas and obtain digestate;

e) Recycling 20-30% of digestate obtained from step (d) to buffered

organic fraction and using remaining 70-80% digestate for

10 treatment in flocculant dosing system and

f) Dewatering the remaining digestate from step e) and converting

into compost.

In an aspect, the present invention can be broadly divided into two steps. The steps

15 involve efficient pre-treatment of waste and high temperature high solid anaerobic

digestion process.

The step of pre-treatment of waste involves the following processes: the incoming

waste is weighed over the weigh bride (1), and loaded on to Grizzly Screen (2).

20 Grizzly screen is equipment with screen openings of approx. 150- 200mm and aids

in separating out large-sized unwanted matters or inorganic fraction. The larger

sized fraction not able to pass through the screen openings separates out from the

main stream while the waste of smaller size passes through the screens for further

processing in the main stream of the process.

25

The smaller sized waste passing through the grizzly screen is passed onto a rotary

Screen and high speed conveyor (3), which is preferably a rotating screen with a

7
5 screen opening of approximately 120-160 mm and particular inclination which

further reduces the size of the waste.

The small sized waste obtained after passing through from the rotary screen and

high speed conveyor (3) is fed into a magnetic separator (4). The magnetic separator

10 separates out all kinds of ferrous material from the main stream of the process.

From the magnetic separator (4), the waste passes through another rotary screen (5)

with high speed conveyor. This rotary screen is inclined and has a screen opening

of approximately 80-100 mm thus further reducing inorganic fraction size. The

15 waste within this size falls on a high speed conveyor that removes high density

inorganic fraction.

The larger size inorganic fraction not passing through the rotary screen (5)

comprises of organic fraction of larger or more than 80-100 mm size. To avoid loss

20 of the organic fraction, the larger size inorganic fraction from rotary screen (5), is

passed through another rotary screen (6), with an inclination and a screen opening

of approximately 100-120 mm.

The small sized inorganic fraction obtained after passing through rotary screens (5)

25 and (6) is passed to a manual separation platform (7). A conveyor at a speed that is

varied with respect to amount of waste to be processed and equal amount of

laborers’ on both sides of conveyor form the manual separation platform (7).

8
5 Manual separation involves visual screening and removing inert material from the

waste, the rate at which conveyor moves is ideal for laborers’ to visualize efficiently

and separate large inert particles.

From the manual separation platform (7), the large inert or inorganic fraction is

10 almost completely removed from the main stream and the waste comprising of

higher organic fraction is passed onto a shredder (8). The waste is shredded to a

material size of at least 60mm.

From the shredder (8), the waste enters into a ballistic separator (9) that removes

15 low density fractions such as plastics.

From the ballistic separator (9), the waste enters into an apparatus for homogenizing

and pulverizing waste (10). The apparatus pulverizes, homogenizes, separates out

lighter particles and reduces the waste to approximately 20-40% of particle size

20 through direct extrusion that occurs within the container and allows movement of

organic waste from high pressure processing chamber to lower pressure-processing

chamber and finally moves over a screen of mesh size not greater than 40 mm.

The apparatus (10) for homogenizing and pulverizing waste is an elongated

25 enclosed cylindrical vessel that rotates at a fixed rpm. An inlet allows addition of

water or leachate into the rotating chamber that aids in pulverization of waste. Size

of the waste is reduced further through a shredding mechanism (which includes a

9
5 plurality of projections (7) at defined intervals on the inner surface of the container),

which is accomplished when the waste during rotation of the drum comes in contact

with plurality of projections within the container. An optional provisional storage

tank (14) collects the leachate from the waste received at the receiving shed and

this leachate is pulverized in the container (10).

10

The organic fraction recovered from the vibratory screen (5) is then passed to the

magnetic separator (4) for removal of ferrous material. This step in the process

ensures further removal of inert such as plastic, ferrous material and stones from

the 80% digestible fraction.

15

From the magnetic separator (11), the waste with highest percentage of organic

fraction enters into a Grinder (12), so as to further reduce the particle size of waste

to less than 15mm. This size reduction improves the digestion efficiency.

20 From the Grinder (12), the waste enters into a buffer tank (13) to provide a storage

time before treating the organic waste.

The process flow of the present invention assures maximum recovery of the organic

waste and removal of inorganic or non-biodegradable waste. This process design

25 aids in efficient digestion of the municipal solid waste resulting in higher biogas

yield.

10
5 The above pre-treatment process allows 80% to 90% recovery of evenly

homogenized, completely pulverized digestible fraction of MSW, wherein this

fraction becomes suitable for efficient anaerobic digestion.

Figure 2 provides a block diagram with detail of the process and the apparatus for

10 treating the organic fraction of the municipal solid waste.

After the pre-treatment/segregation, the optimum digestible fraction obtained is

subjected to anaerobic digestion at thermophilic condition for generation of

electricity and compost.

15

The organic fraction obtained after segregation from the buffer tank (13) enters into

high density inert sorting and blending tank (15) (illustrated in Fig 3). Steam is

added to the digestible organic fraction within the tank that makes the digestible

fraction thermophilic, helps in initiation of mass expansion and provides

20 pasteurizing effect. Along with steam, recycle residue and disposal material is also

mixed with the fresh waste to reach the optimum consistency for ease of movement

via various pumps to the anaerobic digester (22) and also initiate the biological

degradation process of organic fraction by microbes present in the recycle residue.

Another function of the sorting and blending tank (ISBT) (15) is to aid in the

25 removal of stones and fine high density inert particles.

11
5 The ISBT (15) receives the recycle residue from the anaerobic digester (22) via

recycle vacuum pump (20) and recycle peristaltic pump (21).

From the ISBT (15), the homogenized, pulverized and thermophilically charged

digestible fraction is conveyed via a peristaltic pump (16) to a hopper of a feed

10 pump (17).

Feed pump (17), is typically a reciprocating type pump that gives a high discharge

pressure and is designed to pump high solid fraction.

15 The anaerobic digester (22) is generally a horizontal tank with a conical foundation

at the bottom and the size of the digester can be varied as per the amount of waste

to be processed. The digester has feed valves that allow the entry of waste fraction

into the digester. At the bottom, gas mixing arrangements (23) are present for gas-

mixing to allow gas to enter the digester and enable homogenized mixing of the

20 fraction.

On the sides of the digester two valves are present – a recycling valve that is used

for recycling the fraction from the digester to the blending tank and disposal valves

that allow removal of the digestate after the anaerobic process is completed and

25 enters into intermediate buffer tank (34) via disposal vacuum pump (18) and

disposal peristaltic pump (19) with a provision to pass it on to the ISBT tank (15).

12
5 The completion of anaerobic digestion results in production of biogas, which

escapes from the top in form of gas bubbles. From the top biogas is collected and

stored in a gas holder (24) at a pressure of 26 bars. From the gas holder (24), the

biogas passes through a gas scrubber (25), a sulfur recovery system, which is

biochemical in nature and removes sulfur and other contents from the biogas.

10

The biogas obtained from the gas scrubber (25) has a methane composition of

approximately 60-70%. This methane is passed through a chiller (26), to

dehumidify biogas and control the temperature of biogas before feeding it to the

biogas engine (27) for production of electricity.

15

The heat generated by biogas engine (27) while generating electricity is converted

to steam by a waste heat recovery boiler (28), and this steam can be recycled and

reused/re-utilized at the ISBT tank (15), for maintaining thermophilic conditions.

20 The digestate on the completion of the anaerobic process from the disposal valve

via the disposal vacuum (18) and peristaltic pump (19) enters into the Intermediate

buffer tank (29). The disposal from (29) enters into a Dewatering arrangement that

consist of a filter press (30) and a flocculant dosing system (31).

25 The flocculant dosing system (31) adds chemical flocculant into the filter press (30),

to separate water from the slurry more efficiently by aggregating small micro flakes

and particles into large flocks.

13
5

The dewatering arrangement separates filtrate that is sent to a press water tank (32)

and the cake is sent to a maturation section (34).

The filtrate in the press water tank (32), if required can be re-used during the process

10 wherever required or can be treated by effluent treatment plant (33).

This dewatered fermented mass or cake is then taken to post-treatment process in

the maturation section (34). The process exposes the dewatered mass to hot air,

oxygen and this dried mass is converted into compost of good quality. A biocatalyst

15 can be used to enhance the composting process.

The present invention allows processing of unsegregated waste to an extent that the

process does not produce any waste and is not restricted to a particular type of

waste.

20

This invention results in generation of green energy, i.e, power, organic compost

and in the process inorganic fraction so separated is recycled.

In an aspect of the invention, the sorting and blending tank (15) (as illustrated in

25 figure 3) comprises

a container with a feed inlet, an inlet for recycle residue and at least one

steam inlet;

14
5 at least one baffle for dividing the container into chambers;

a propeller attached to each chamber; and

an outlet for treated waste to be transferred to digester.

The tank is designed to remove high density inert material and stones from the fresh

10 organic waste, which is further mixed with steam and recycled residue and water

before being fed to the digester.

The at least two baffles used to divide the tank is generally half the height of the

container. The organic fraction of waste from buffer tank, the recycle residue and

15 the steam enters through their respective inlets (1, 2 and 4) and fills the first

chamber such that it overflows the first baffle, enters the second chamber and then

the third chamber via overflowing through the second baffle. During this process,

the propellers (5) are continuously worked allowing homogenous mixing of the

waste, water, recycle residue and the steam and the rotation of the propellers pushes

20 down the high density particles. As the homogenized content from the first chamber

overflows to the second chamber and from the second to the third chamber, the high

density inert fractions settle at the bottom of the chamber and are removed from the

reject outlet (7). The feed fraction is taken out from the feed outlet (6) and further

taken to the digester. The levels in the chambers are maintained via the level

25 indicators (3) placed on top of the tank.

15
5 In an embodiment, the invention relates to an apparatus for homogenizing and

pulverizing waste (as illustrated in Fig 4a and b) comprising

a drive assembly;

a hollow cylindrical container configured to be rotated by the drive

assembly, the container comprising

10 at least one inlet for introducing feed waste into the container;

a plurality of vertically extending ribs (9) along inner surface of the

container and a plurality of projections (7) at defined intervals along the

inner surface of the container, such that rotation of the vessel disintegrates

the waste to reduce particle size of the waste; and

15 at least one outlet for allowing the disintegrated waste to be removed from

the container.

The Drive assembly (as shown in view D) comprises of

At least one coupled Induction motors;

20 A coupling arrangement, preferably a high speed coupling and low speed

coupling;

A pulley;

Gear box;

Spherical roller bearing; and

25 Pinion.

16
5 The drive assembly preferably has at least two electric motors coupled together to

enhance the power rating. A high speed coupling arrangement is placed between

the two induction motors ensuring to enhance the power rating. This arrangement

helps in maintaining the high power from the dual electric motors coupled together.

The pulley is in V-belt format and is an arrangement that transmits power form the

10 motor to the V-belt. The V-belt along with the pulley forms the V-belt drive and

helps in transmitting the power form the motor to the gear box or gear reducers.

The gear box is used for low RPM requirement and to adjust the rpm requirements

as required. Preferably, a low speed coupling is attached to the gear box in order to

transmit and maintain the rpm requirements provided to the spherical roller bearing.

15 The spherical roller bearing is used for self -aligning the pinion shaft, due to impact

cyclic loading on gear-pinion mesh. The pinion accommodates the Girth gear

assembly of the drum and provides the rotational movement from the spherical

roller bearing to the drum. The pinion width is designed to be more with respect to

Girth gear for accommodating misalignment in axial direction, while in operation.

20

This is a unique arrangement for the drive train achieved due to space limitation on

drive train foundation.

The tire assembly is a forged/ cast thick metallic ring mounted over the shell with

25 the help of tapered blocks over the shell circumference. The tire is used for

transferring the mechanical load over the support roller assembly.

17
5 The Support Roller Assembly is used for transferring the mechanical load of shell

assembly via tire. It has a forged / cast roller, supported over shaft with end

bearings.

The Girth gear is mounted over the shell circumference with the help of flange

10 plate. The Girth gear is used for transferring the rotational drive torque to the shell

assembly.

In an embodiment, the hollow cylindrical container is rotated at low RPM of 8-10

with the Girth gear-Pinion assembly. The feed charge gets pulverized due to

15 continuous churning when the shell is rotated at defined speed preferably 1000

revolutions with the help of the vertically extending ribs (7) present along the inner

surface of the container. The ribs have a curved profile and can be integrally formed

or can be attached separately. They are present along the complete length and

circumference of the container. This arrangements help in thorough churning of the

20 waste and also disallows sticking or clinging of materials onto the interior surface

of the drum. The projections (9) have a tapering end and are sharp and aids in

disintegration of waste. The outlet includes a filter to allow only the smaller sized

disintegrated particles to pass out of the container.

25 What has been described and illustrated herein are preferred embodiments of the

invention along with some of their variations. The terms and descriptions used

herein are set forth by way of illustration only and are not meant as limitations.

18
5 Those skilled in the art will recognize that many variations are possible within the

spirit and scope of the invention, which is intended to be defined by the claims that

follow—and their equivalents—in which all terms are meant in their broadest

reasonable sense unless otherwise indicated.

10

19
5 We claim:

1. A process for pre-treatment and anaerobic digestion of waste comprising

the steps of

a) Segregating inorganic and organic fraction of the waste;

10 b) Homogenising, pulverising and reducing particle size of the

organic fraction obtained from step (a);

c) Mixing the homogenised and pulverised organic fraction

obtained from step (b) with steam and digestive;

d) Loading the organic fraction obtained from step (c) into an

15 anaerobic digester for anaerobically degrading the organic

fraction to generate biogas and obtain digestate;

e) Recycling 20-30% of digestate obtained from step (d) to buffered

organic fraction and using remaining 70-80% digestate for

treatment in flocculant dosing system and

20 f) Dewatering the remaining digestate from step e) and converting

into compost.

2. The process as claimed in claim 1, wherein the waste is unsegregated solid

waste.

3. The process as claimed in claim 1, wherein the segregation is based on size,

25 density and physical characteristics.

4. The process as claimed in claim 3, wherein the segregation based on size is

carried out using at least two mesh screens.

20
5 5. The process as claimed in claim 3, wherein the segregation based on density

is carried out using ballistic separators and/or density sorting tanks.

6. The process as claimed in claim 3, wherein the segregation based on physical

characteristics is carried out using magnetic separators and/or manual

segregation.

10 7. The process as claimed in claim 1, wherein the anaerobic degradation is a

high solid thermophilic anaerobic digestion.

8. The process as claimed in claim 1, wherein before the anaerobic digestion of

step (d) the organic fraction is buffered and brought to thermophilic

conditions and sand, gravel and small sized high density particles are

15 removed.

9. The process as claimed in claim 8, wherein the buffered waste is pumped by a

peristaltic pump into a feed pump that has a high discharge pressure and allows

movement of low as well as high solid consistency waste.

Dated this 5th day of June 2015

20

Suhas Bhand
Organic Recycling systems Pvt Ltd
By their Agent

25 (Nisha Austine)
Reg No IN/PA-1390

30

21
5 ABSTRACT

Integrated process for pre-treatment and anaerobic digestion of waste and


apparatus used therein

The present invention relates to an integrated process for pre-treatment and

10 anaerobic digestion of mixed solid waste. The present invention further relates to

apparatus used in the process for pre-treatment and anaerobic digestion of said

waste. The process involves the steps of segregating inorganic and organic fraction

of the waste; homogenising, pulverising and reducing particle size of the organic

fraction obtained from step (a); mixing the homogenised and pulverised organic

15 fraction obtained from step (b) with steam and digestive; loading the organic

fraction obtained from step (c) into an anaerobic digester for anaerobically

degrading the organic fraction to generate biogas and obtain digestate; recycling

20-30% of digestate obtained from step (d) to buffered organic fraction and using

remaining 70-80% digestate for treatment in flocculant dosing system and

20 dewatering the remaining digestate from step e) and converting into compost.

22
5 We claim:

1. A process for pre-treatment and anaerobic digestion of waste comprising

the steps of

a) Segregating inorganic and organic fraction of the waste;

10 b) Homogenising, pulverising and reducing particle size of the

organic fraction obtained from step (a);

c) Mixing the homogenised and pulverised organic fraction

obtained from step (b) with steam and digestive;

d) Loading the organic fraction obtained from step (c) into an

15 anaerobic digester for anaerobically degrading the organic

fraction to generate biogas and obtain digestate;

e) Recycling 20-30% of digestate obtained from step (d) to

buffered organic fraction and using remaining 70-80%

digestate for treatment in flocculant dosing system and

20 f) Dewatering the remaining digestate from step e) and converting

into compost.

2. The process as claimed in claim 1, wherein the waste is unsegregated solid

waste.

3. The process as claimed in claim 1, wherein the segregation is based on size,

25 density and physical characteristics.

4. The process as claimed in claim 3, wherein the segregation based on size is

carried out using at least two mesh screens.


5 5. The process as claimed in claim 3, wherein the segregation based on density

is carried out using ballistic separators and/or density sorting tanks.

6. The process as claimed in claim 3, wherein the segregation based on

physical characteristics is carried out using magnetic separators and/or

manual segregation.

10 7. The process as claimed in claim 1, wherein the anaerobic degradation is a

high solid thermophilic anaerobic digestion.

8. The process as claimed in claim 1, wherein before the anaerobic digestion

of step (d) the organic fraction is buffered and brought to thermophilic

conditions and sand, gravel and small sized high density particles are

15 removed.

9. The process as claimed in claim 8, wherein the buffered waste is pumped by a

peristaltic pump into a feed pump that has a high discharge pressure and

allows movement of low as well as high solid consistency waste.

Dated this 5th day of June 2015

20

Suhas Bhand
Organic Recycling systems Pvt Ltd
By their Agent

25 (Nisha Austine)
Reg No IN/PA-1390

21
5 We claim:

1. A process for pre-treatment and anaerobic digestion of waste

comprising the steps of

a) Segregating inorganic and organic fraction of the waste;

b) Homogenising, pulverising and reducing particle size of the

10 organic fraction obtained from step (a);

c) Mixing the homogenised and pulverised organic fraction

obtained from step (b) with steam and digestive;

d) Loading the organic fraction obtained from step (c) into an

anaerobic digester for anaerobically degrading the organic

15 fraction to generate biogas and obtain digestate;

e) Recycling 20-30% of digestate obtained from step (d) to buffered

organic fraction and using remaining 70-80% digestate for

treatment in flocculant dosing system and

f) Dewatering the remaining digestate from step e) and converting

20 into compost.

2. The process as claimed in claim 1, wherein the waste is unsegregated solid

waste.

3. The process as claimed in claim 1, wherein the segregation is based on size,

density and physical characteristics.

25 4. The process as claimed in claim 3, wherein the segregation based on size is

carried out using at least two mesh screens.


5 5. The process as claimed in claim 3, wherein the segregation based on density

is carried out using ballistic separators and/or density sorting tanks.

6. The process as claimed in claim 3, wherein the segregation based on physical

characteristics is carried out using magnetic separators and/or manual

segregation.

10 7. The process as claimed in claim 1, wherein the anaerobic degradation is a

high solid thermophilic anaerobic digestion.

8. The process as claimed in claim 1, wherein before the anaerobic digestion of

step (d) the organic fraction is buffered and brought to thermophilic

conditions and sand, gravel and small sized high density particles are

15 removed.

9. The process as claimed in claim 8, wherein the buffered waste is pumped by

a peristaltic pump into a feed pump that has a high discharge pressure and

allows movement of low as well as high solid consistency waste.

10. An apparatus for blending and storing waste during waste treatment

20 comprising

a container with a feed inlet, an inlet for recycle residue and at least one steam

inlet;

at least one baffle for dividing the container into chambers;

a propeller attached to each chamber; and

25 an outlet for treated waste to be transferred to digester.

11. The apparatus as claimed in claim 10, wherein the chamber contains at least

one switch indicator to indicate the level of content in the chamber.

21
5 12. The apparatus as claimed in claim 10, wherein the apparatus further

comprises an outlet for rejecting inert waste.

13. An apparatus for homogenizing and pulverizing waste, the apparatus

comprising

a drive assembly;

10 a hollow cylindrical container configured to be rotated by the drive assembly,

the container comprising

at least one inlet for introducing feed waste into the same;

plurality of vertically extending ribs along inner surface of the container and

plurality of projections along said inner surface of the container such that

15 rotation of the vessel disintegrates the waste and reduces particle size of the

waste; and

at least one outlet for allowing the disintegrated waste to be removed from

the container.

14. The apparatus for homogenizing and pulverizing waste as claimed in claim

20 13, wherein the ribs have a curved profile.

15. The apparatus for homogenizing and pulverizing waste as claimed in

claim 13, wherein the projections have a tapering profile.

16. The apparatus for homogenizing and pulverizing waste as claimed in claim 13,

wherein the drive assembly comprises at least one induction motor and at least one

25 gear box.

22
5 17. The apparatus for homogenizing and pulverizing waste as claimed in claim 13,

the outlet includes a filter to allow only small sized disintegrated particles to pass

out of the container.

18. The apparatus for homogenizing and pulverizing waste as claimed in claim 13,

wherein the apparatus further comprises a tire assembly having at least two tires

10 which aids in rotation of the cylindrical container.

Dated this 5th day of June 2015

Suhas Bhand
15 Organic Recycling systems Pvt Ltd
By their Agent

20 (Nisha Austine)
Reg No IN/PA-1390

23
O/Ref: MUM/12-13/00237
Y/Ref: Application No/ 1881/MUM/2014
10 June 2022
The Controller of Patents
The Patent Office
Mumbai

Dear Sirs

Indian Patent Application No 1881/MUM/2014


Filed on 7 June 2014
Integrated Process for pre-treatment and anaerobic digestion of municpal solid waste and
apparatus/devices used therein
Suhas Bhand, and
Organic Recycling Systems Pvt. Ltd.

We write with reference to the above-mentioned application and submit the permission
received from NBA Authority. We humbly request you to please take the enclosed
documents on record.

We respectfully request the Learned Controller to expedite issuance of a Letters Patent


Document. However, we remain available to meet any further requirement which the
Learned Controller may have.

Yours faithfully
of Khaitan & Co

(Nisha Austine)
Agent for the Applicants
Reg No. IN/PA – 1390
Enclosure: as above
ffi ' National Biodiversity Authority
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Secretary 5'n Floor. CSIR Road, TICIL Bio Park.
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The Director,
Organic Recycling Systems Pvt. Ltd.,
501 Lakhani Centrium, Plot No. 27, Sector-15,
CBD Belapur, New Mumbai - 400 614,
Mob: +91-9920067571

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Act. 2002 read with Rules 18 of the Diversitv Rules. 2004-Res.

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The Form-lll application submitted by you has been approved by the National Biodiversity
Authority subject to the conditions laid down in the agreement.

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A copy of the duly executed stamp paper agreement is also enclosed herewith for your
reference and compliance. It is also to inform that breach of the terms of agreement and provisions of
the Biological Diversity Act,2002 and Biological Diversity Rules, 2004 made thereunder will invite
imposition of penalties as per Section 55, 56 & 57 of the Biological Diversity Act,2002.

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Please acknowledge receipt of this communications.

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AGREEMENT FOR AND BENEFIT SHARING
a (Form-III - Forliling applicationsfor obtaining ony Intellectual Property Right)

7 (Under the Biological Diversity Act, 2002 and Rules, 2004 ond Guidelines on ABS
Regulations, 20141 '-..;'fr|.'o^r"rw.ro?,.#,*'*rho,"
rf; irAgr."mentismadeura"nt.r.affi
Between
National Biodiversity Authority, a statutory body established under the Biological Diversity
Acir 2002, having its head office at 5th Flooi, Ttipt Bio Park, Taramani, Chirnai-600 1 I j,
Iamil Nadu, India (hereafter "NBA"), acting through and represented by the Secretary,
NEfu,/authorized signatory of NBA, being the pirson aithorised to execute this Agreement.

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l. Organic Recycling Systems Pvt. Ltd., registered/incorporated in India having its
registered office at 501 Lakhani Centrium, Plot No.27, Sector-l5, CBD Belapur, New
Mumbai-400614, Maharashtra, India, acting through and represented by The Director,
Organic Recycling Systems Pvt. Ltd. being the person authorised to execute this
Agreement on behalf of the Applicant as specified in Annex C.

2. Mr. Suhas Band., citizen of India, residing at2401,2402, A Wing, Kshotij Apartment,
Palm Beach Road, Sector-19, Navi Mumbai, Thane, Sanpada, Maharashtra-400705.

hereafter the "Applicants".

Hereafter, referred to as the "Parties" and individually as a "Party".

WHEREAS the NBA is the authority established under the Biological Diversity Act,2002
(hereafter "the Act") authorised to grant approval for the purpose set forth herein and to
determine terms and conditions to secure fair and equitable sharing of benefits arising out of the
use of biological resources, knowledge and practices associated with their use;

WHEREAS the Applicants have submitted an application in Form III (Appl. No. 4638 dated
01.03.2021) under the Biological Diversity Rules,2004 (hereafter the "Rules,2004") to seek
prior approval from NBA;

WHEREAS under the Rules and the guidelines on access to biological resources and/or
associated knowledge and benefit sharing regulations, 2014 made under the Act, the approval
shall be in the form of a written agreement duly executed between the Parties (hereafter the
o'Agreement");

AND the Parties have entered into this Agreement for access and benefit sharing according to the
terms and conditions set out below.

NOW the Parties agree as follows:

1. Definition: For the purpose of this Agreement, the expression "Effictive Date" shall
mean the date on which both the parties sign this Agreement. In case the parties sign on
different dates, the effective date shall be the date signed by NBA;

2. Terms and Conditions of the Agreemqnl


2.1 Grant of approval

The NBA hereby grants approval for filing applications for obtaining Intellectual
Property Right ("IPR") over the invention as described in Annex B, only in the
countries mentioned in Annex D subject to such other terms and conditions set forth in
this Agreement.

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2.2 Scope and extent

The approval is limited to the extent and for the purpose for which it is accorded
under the appropriate Annexures.

2.3 Period

2.3.1 Period of Agreemenl -This Agreement shall remain in force from the
effective date of this Agreement till the subsistence of the IPR for which
approval was granted.

2.3.2 Notwithstanding the above, this Agreement shall remain in force until the
applicants fulfil all the obligations as required under this Agreement.

2.4 Transfer to third party or by operation of larv

In the event that the IPR ofthe Applicants are transfered by way ofan assignment,
licensing or by operation of law (including in cases of death or bankruptcy or
dissolution ofa company), all rights and obligations under this Agreement shall be
binding upon the assignee or licensee or legal representative or the person to whom
the IPR devolves as the case may be.

ln the case of above eventuality, the legal representative or the assignee or licensee
or the person to whom the IPR has devolved shall intimate and submit such relevant
documents to NBA within sixty days of the happening of such event. Upon
receiving such intimation, NBA may amend the agreement under clause l3 of this
Agreement so as to ensure fair and equitable benefit sharing.

.1. Obligations of the Applicants


3.1. The Applicants shall share benefits as stipulated under Schedule A.

3.2 The permission granted to the Applicants are limited to that granted by the NBA in
Annex-B of Schedule B of this Agreement. All other activities of the Applicants
which require NBA's prior approval will need to be applied separately in the
concemed Form under Rules, 2004. Further, the Applicants shall intimate to the
NBA in the event of seeking IPR in other teritories and thereafter the Agreement's
annex will be suitably amended.

3.3 The Applicants shall abide by all the terms and conditions of the Agreement and
other related legislations in force including any clearances required from the
concerned authorities, such as the Chief Wildlife Warden in protected areas and
forest authorities in other forest areas.
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3.4 The Applicants shall, in the event of any material changes in the management or the
shareholding of the Applicants that alter the control structure of the Applicants
including changes brought by a transfer of business units, acquisition, merger,
demerger or any other kind of corporate restructuring, intimate and submit all
related documents to NBA within 90 days from the completion of that event.
Subsequent to the said intimation, NBA shall decide whether this Agreement shall
be amended as per clause l3 or a fresh approval is required. NBA's decision in this
regard shall be final.

3.5 The Applicants shall have India as its first source of supply and/or cultivation of
biological resources for the commercialization of IPR as the case may be.

3.6 The Applicants shall in the event of any breach of this Agreement pay such
compensation commensurate with the damage incured to the Republic of India or
to the benefit claimers as decided by the appropriate forum.

3.7 The Applicants shall keep all the relevant records that serve as a proof of the
monetary benefits shared by the Applicants with NBA or the concerned benefit
claimers as the case may be, together with supporting documents. This may be
submitted to NBA as specified from time to time and such records shall be retained
for at least three (3) years after the termination of this Agreement.

3.8 NBA shall have the right to regulate /monitor the activities approved under this
Agreement, by itself or through any appropriate agency as it may deem fit.

3.9 Whenever the Applicants require to access biological resources for commercial
utilization of the IPR for which approval is granted under this Agreement, the
Applicants shall take prior approval of NBA under Form I of the Rules, 2004 or the
respective form of the concerned State biodiversity rules.

3.10 The Applicants shall notify in writing to the NBA about the grant of IPR and the
assignment or licensing of such IPR, if any, in each of the countries/territories as
specified in Annex D, within 60 days from the date of grant of the said IPR.
3.11 The Applicants shall, in case of any modification or improvement or
commercialization of the invention/ product/process of the IPR, intimate to NBA
within 45 days of the happening of such event. Based on such intimation, NBA
may decide to review the earlier approval and its decision shall be final.

3.12 The Applicants, in the event of decision to withdraw or abandon the patent
application, shall intimate to NBA within 45 days of the happening of such event.

3.13 Status Reports

icants shall submit a status report for each reporting year not later
the end of each reporting year in the prescribed format of NBA.
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3.13.2 During the subsistence of this Agreement, the Applicants shall submit
separate status reports in relation to each of the countries/territories mentioned in
Annex D for each reporting year in the prescribed format of NBA. This shall be
submitted not later two months ofthe end ofeach reporting year.

3.13.3 Non-submission of the status reports within the stipulated time period in
relation to any ofthe countries/territories mentioned in Annex D will be construed
as a breach for which penalty may be imposed by NBA under clause 6 of this
Agreement.

3.13.4 The Applicants shall submit a copy of Form 27 of the Indian Patent Rules,
2015 within one month of submitting the same to the Patent Office.

4. Fair and Equitable Benefit Sharing

4.1 The Applicants shall share benefits as per Schedule A in monetary mode

4.2 The Applicants shall make the payment preferably by way of demand draft or any
other approved mode of payment and the same shall be drawn in the name of
"National Biodiversity Fund".

5. Written Notice

5.1 Any communication including serving notices under this Agreement, shall be in
writing and communicated by Registered post with acknowledgement due or e-mail
or fax in the address mentioned hereunder.

If to NBA:

The Secretary, NBA, 5th Floor, TICEL Bio Park, Taramani, Chennai-600 I t 3,
Tamil Nadu, India. secretary@nba.nic.in

If to the Applicants

l. The Director, Organic Recycling Systems Pvt. Ltd., 501 Lakhani Centrium,
Plot No.27, Sector-I5, CBD Belapur, New Mumbai-400614, Maharashtra, India,
Mobile: +91-9920067571 Email: h as . bhand l?)ore antc lin .co. in
info@organic recycling.co.in

2. Mr. Suhas Band., citizen of India, residing at 2401,2402, A Wing, Kshotij


Apartment, Palm Beach Road, Sector-I9, Navi Mumbai, Thane, Sanpada,
Maharashtra-400705.

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With a copy to the Authorized representative

Mr. Adheesh Nargolkar, Khaitan & Co., One Indiabults Centre, l3th Floor 841 ,
Senapati Bapat Marg, Mumbai-400013, Maharashtra, India. Mobile: +91-
98207 7 67 60 Email: adheesh.nargolkar@khaitanco.com

5.2 Notice is deemed to have been given if duly communicated in accordance with the
Indian Contract Act, 1872 and the Information Technology Act, 2000 and related
Indian legislations.

5.3 Any change in the address/email address/fax of the Parties shall be notified to the
other Party within 15 days ofsuch change by way of a notice.

6. Procedure for imposing penalty in case of breach.

6.1 If NBA has prima facie evidence to the effect that the Applicants have committed a
breach of any of the terms of this Agreement, NBA shall send a written notice to
the Applicants communicating the default or details ofthe breach within 30 days of
the discovery ofthat event, giving an opportunity to be heard to the Applicants.

6-2 The Applicants shall within 30 days from the date of serving ofsuch notice respond
in writing to NBA.

6.3 Upon receiving such explanation from the Applicants, NBA shall take into account
the explanation and decide if there is a breach committed by Applicants or not. In
the event that the NBA does not receive such explanation from the Applicants,
NBA shall send final notice to the Applicants. If the Applicants respond within 30
days, NBA shall be taken into account the explanation and decide on the breach. If
the Applicants does not respond within 30 days, the Applicants will be deemed to
be in breach ofthis Agreement.

6.4 In the event that the Applicants does not respond to the final opportunity given by
NBA or in the event that NBA decides that there is a breach of this Agreemeni,
NBA has the power to issue any order executable under section 53 oi the Act
including imposition of penalty of a sum which may extend to one lakh rupees as
determined by NBA from time to time and in addition direct the Applicants to pay
such compensation commensurate with the damage incurred by the Republic oi
India or the benefit claimers.

b.5 Penalties imposed by NBA under this clause shall be in addition to anv recoverv ol
any monetary benefits due, compliance with directions or orders issuea Uy Nee
and without prejudice to any other rights under this Agreement.

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6.6 Notwithstanding any of the clauses above, in addition to imposition of penalty, if
the breach or default committed by the Applicants amount to violation of any of the
provisions ofthe Act, appropriate legal proceedings shall be initiated under Section
61 of the Act.
7. Termination and Revocation

7.1 Subject to clause 2.3, the Agreement shall stand automatically terminated on the
completion of the period agreed to between the Parties including the period of
extension agreed to, if any. On termination, the Applicants shall comply with
obligation under clause 7.3.

7.2 During the subsistence of this Agreement, the Applicants shall have an option to
initiate termination of this Agreement by sending a request to NBA in the form of a
notice stating valid reasons for the same. On receipt of the same, it shall be the
discretion of NBA to accept the reasons specified by the Applicants or not. In the
event of its decision to terminate, NBA shall intimate to the Applicants by way of a
notice within 90 days of making the decision. On receipt of such a notice from
NBA, the Applicants shall comply with clause 8.3.

7,3 Upon termination of the Agreement, the Applicants shall pay all outstanding dues
including the benefit sharing amount and submit status report dues, if any, due until
then by the Applicants within 45 days of the date of termination of this Agreement.

7.4 NBA may withdraw the approval granted and revoke this Agreement in case of
occurrence of any of the conditions mentioned in Rule l5 of the Rules, 2004 or if
the Applicants perform activities contrary to any restriction or prohibition imposed
by NBA or under the Act and Rules, 2004.

8. Liabilities and Indemnification

8.1 NBA shall not be liable for any loss or damage whatsoever caused to the Applicants
due to revocation of approval for access and/or termination of this Agreement on
any grounds whatsoever.

8.2 The Applicants shall be joint and severally responsible for any claims by third
parties arising from the Applicants' acts or omissions in the course of perforrning
this Agreement and under no circumstances shall the NBA be held responsible oi
Iiable for any claims by such third parties.

8.3 The Applicants shall pay such sum for breach committed by the Applicants as
determined by NBA under clause 6 of this Agreement which is in addition to the
compensation commensurate with the damage incurred by the Republic of India or
the benefit claimers that the Applicants are liable to pay aj decided by the
appropriate forum.

8.4 indemnifv and save NBA and its employees, members and
Lall
against all claims demands, Iosses, damages, costs (inclu

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attorney fees), actions, suits or other proceedings, all in any manner based upon,
arising out of, related to, occasioned by or attributable to, any acts or conduct ofthe
Applicants, its employees or agents, (whether by reason ofnegligence or otherwise)
in the performance by or on behalf of the Applicants of the provisions of this
Agreement or any activity undertaken or purported to be undertaken under the
authority or pursuant to the terms ofthis Agreement.

9. Confidentiality

9.1 Upon request from the Applicants, NBA shall keep as confidential that information
which is desired to be kept as confidential by the Applicants.

9.2 Non.vithstanding the above, confidential information may be disclosed by NBA to


the extent required by any law or regulation or order ofany authority established by
law having jurisdiction over any of the Parties or in the opinion of NBA such
disclosure becomes necessary to deal with any emergency situations, or national or
public interest .

10. Arbitration

10.1 In case any dispute or difference arises out ofthe interpretation ofany clauses of
the Agreement, either of the ?arties may give the olher party a notice clearly
identifying and providing details of the dispute. on receipt of iuch notice by th!
other Party, the Parties shall rry to settle such dispute/difference amicably between
them by negotiating in good faith within 30 days ofthe receipt ofsuch noiice.

10.2 If the dispute or difference is.n-ot resolved by such negotiations within the period
mentioned, the dispute or difference shall be referred to the sole arbitrator
appointed by NBA.

10.3 The arbitration shall be govemed by the Arbitration and conciliation Act,
1996 and
the rules framed thereunder. The place ofarbitration shall be chennai,
tndia.

10.4 The award of the Arbitrator shalr be final, conclusive and binding
on the parties.
The Arbitrator shall be competent to decide whether any matter
or dispute or
difference referred to him falls within the purview ofarbitration.

11. Governing Law and Jurisdiction

11.1 Thi s Agreement is governed by and is to be construed


in accordance with the laws
of India with out regard to the principles of confli cts of laws
subject to the
provisions of bitration cla uses to this Agreement.
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1l-2 ln the event of a dispute or difference not settled through arbitration as specified in
clause I l, the Parties shall irrevocably and unconditionally submit to the
appropriate court ofjurisdiction in Chennai.

11.3 As regards all other aspects and the terms and conditions not provided for this in
this Agreement, they shall be governed by the provisions of the Act read with Rules
and Regulations made thereunder.

11.4 This Agreement shall not in any way constitute or be presumed to constitute a
partnership or a joint venture or a joint enterprise in any way or for any purpose
between the Parties hereto or make the parties in any way liabie as partners of or as
agents for one another.

12. Severability

l2.l lf any part of this Agreement is declared or held improper or unjustifiable or invalid
by a Court of Law for any reason, the deficiency or invalidity;f that part shall not
affect the validity of the remainder which will continue in full force and effect and
be construed as if the Agreement had been executed without the invalid portion.

12.2 However the remainder of the Agreement shall not come into force unless the
remainder is consistent with the declaration or order or judgment of the Court.

13. Amendment

No amendment to this Agreement shall be valid or binding upon the parties, unless
agreed upon by the Parties, in writing, and signed on behalf of each party
by their duly
and legally authorized persons and such amendment shall be made as a supplementary
agreement along with Annexes, as applicable.

14. Entirefy of Agreement: This Agreement constitutes the culmination of all prior
negotiations, understanding, representations and commitments and
sets down the
complete terms and conditions of Agreement between the parties as to
the subject matter.

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15. Annex and Schedules

a.The Schedules and their Annexes attached to this Agreement or Schedule that may
be added subsequently by way of an amendment under the provisions of this
Agreement shall form an integral part of this Agreement and shall be binding on
the Parties.

b. This Agreement has been executed in duplicate, each of which shall be deemed to
be original; one shall be retained by the NBA and other by the Applicants and
both shall constitute one and the same instrument.

IN WITNESS WHEREOF the pa(ies hereto have signed in this A ent on the day
month and the aforesaid in this Agreement.

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Signed b the Authority Signed by the Applicants

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For National Biodiversity Authority For the Applicants

Witnesses Witnesses

l. Signature l. Signature
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Name DT. iI. SUNDAR RAJAi Name tJmuh HJdart j,-ctr
Consultant - Lcgal Affa,, r
Address Address Ro.azn la t7q Set-lfr- I
National Biodiversity Aurr, ',''
Taramani, Chen.,,i 1 ci rvw M r oYo )ac'l t]4 s ad'ai+\'
t<op"nrAoi.a *, Nau ) Nurlto'
2. Signature 2. Signature
PrN- 4oo7oz
'Aoi Y{r,
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Name +. fr-d{g / K. Chitrarasu Name Av\nash ko-l-i
qdnfl{ (Bfr) / Advisor(Law)
Address
{*qiq fulatrdr crftrtr'r Address ftf -K,rr^[^d L[u.i{n, plrlf 0 u..!
National Biodiversity Authority Tr{ -Pc-ruwl , 6st atibd
qrd F{i6ra / Govt of lndia
5si d, zrqsd Erqffi / srh Ftoor, TTCEL Biopark Av!- 4)01,{
dqs3Trtsi{ (rg / cStR Road,
iltcfu, +{{ / Taramana, Chennai-600i13.

10
NBA application no. 463g

SCHEDULE A - BENEFIT SHAR]NG COMPONENT

(i) where the Applicants themserves commerciarises


the process/product/innovation, the
monetary benefit sharing shalr be 0.2o/o
govemment taxes.
on th; ;r'J;".s
ex-factory sale minus

(ii) where the applicants assign/ricense


the rocess/product/ innovation to a
p_

for commerciarization, the appri"*t, third party


,i,uii puy 1,i Nsi :.0"^ of the fee received (in
any form inctuding ticense/-assignee ree;
Jni ihil""t th" .i;;-;;;;:"1_;
annually from the assignee/ licens=ee.

SCHEDULE B -ANNEX A

Details of bi and/or knowledge associated thereto


ir"".t#*r***"es and geographical
Sr. no, Common Name Part ofbiological Source ofAccess Geographical
resource used
Localioo ofAccess
(Village, Tatuh
District and St{te
/Contact address of
the Local
vendor/market)

1
Methanogens Organic waste, agro City market & waste City : Solapur Urban
waste, biodegradable storage areas.
waste oranimal
droppings District:Solapur

State: Maharashtra

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ritle, Details orthe invention J:#1?,yi:r?r-."1,ilX:il'0.. in case patent has been nred

Title of "Integrated process for pre_treatment


and anaerobic digestion of waste
Invention and apparatus used therein,,

Details of Invention relates to segregation, pre-treatment


invention and processing of
organic fraction from municipal solid
waste, Agriculture waste, waste
waste sludge under anaero bic conditions
to scientifically process waste
to bio'gas and manure.

Indian Patent t881tMruw2014


Application
No.

Foreign Not Applicable


Application
no.

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72
hooet ure - C
swa ORGANIC RECYCLING
--,^
SYSTEMS PVT. LTD
'roto
CERTIFIED TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING OF THE
BOARD OF DIRECTORS OF ORGANIC RECYCLING SYSTEMS PRIVATE LIMITED HELD
oN MoNDAy,8t" JULY, z02l AT 11.00 A.M. AT 1401, pRoxIMA BUILDING pl,or No. 19,
!P=clo=Ei94:YSE!l!tYI4YIlE4I=19993========
We hereby certify that the following resolution has duly been passed at the Meeting aforesaid,
and the same has properly been recorded in the Minutes Book kept for the purpose

'RESOLVED THAT Mr. Yashas Bhand as Director the company be and is hereby authorized
to sign and execute any documents, Application pe(aining to patent with the NBA is the
authority established under the Biological Diversity Act, 2002 and do all such thing and carry out
all such acts as may be deemed necessary in this behalf.

For Organic Recycling Systems Pvt Ltd.

C,L
ri -s>

Sarang Bhand -D

Director

DIN: 0'16334't9

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0rganic Recycling Systems Pvt. Ltd


Registered / Corporate Address :Proxima Building, Plot No - 19, Sector 30A, Vashi, Navi Mumbai - 400703
Iel: + 91 22 4170 2222 I 23 Fu: +91 22 4170 2200 I +91 22 4170 2244 www.organicrecycling.c0.in info@0rganicrecycling.co.in
I I
ctN u401 06tvtH2008PTC1 86309
SCHEDULEB_ANNEXD
Name of the countries/territories
where IPR over the invention is sought
to be taken
1. European Union

2. South America

3. South-East Asia

4. African continent

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PERMIT OR ITS EQUIVALENT CONSTITUTING AN INTERNATIONALLY RECOGNIZED CERTIFICATE OF
coMPUANCE (tRCC)

lnternationally Recognised certificate of compliance (IRCC) is a globally recognised compliance


certificate that serves as an evidence of the decision by the parties to grant permit to the
Applicant. The permft issued by the National Biodiversity Authority (the competent notional
outhority under the Nogoyd Protocol) will facilitate generation of IRCC and will be publlshed online
in the Access and Benefit Sharing Clearing House (ABSCH) htt S c h. c bd. int

By procuring an lRcc, the Applicant can globally demonstrate their legal compliance with the
domestic Access and Benefit sharing (ABS) legislation (in the present case with the Biological
Diversity Act, 2002 and Rules, 2004). Applicant can also keep certain information confidential, as
the lRcc document is publicly available. For this purpose, the Applicant shall fill in the following
details as given in the table below:

s.N Details about the nature of information


Particulars (Please mention YES or NO in the box)
o

Do you require your nome to be kept confidentiol?


1 Name of the Applicant
No

Do you require the biologicol resources/ knowledge


2 Subject matter of approval for which the opprovol wos given to be kept
conlidentiol?
yes

Do you require the keywords thot describes or


3 Keywords that describe the subject indicotes the biologicol resources/ knowledge
for
matter of approval which the opprovol wos given to be kept
confidentiol?
yes

4 Type of activity to be undertaken Do you require the octivity (reseorch/commerciol


using the subject matter of approval utilisotion/bio-survey ond bio-
utilisotion/PR/tronsfer of biologicol
resources/knowledge) to be corried out using the
opproved biologicol resources/knowledge to be
kept confidentiol?

Yes

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Applicants Sfunature
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