In a significant legal development, SYNGENTA PARTICIPATIONS AG lodged a patent application in India under the compelling title “Pesticidal Combinations” on December 1, 2008. However, this application encountered opposition from Mr. Gurjeet Singh on January 15, 2015. The opposition was directed towards the specific patent application bearing the identification number IN9982/DELNP/2008A, which was further linked to the PCT Number PCT/EP2007/005358. Curiously, despite this opposition, the opposing party, Mr. Gurjeet Singh, chose not to actively participate, request, or submit materials pertinent to the hearing process. Therefore, the application proceeds for grant (Granted Number: IN445331) Dated Aug16, 2023.
Grounds of Opposition:
The applicant has submitted that the documents D6 and D7 cited by opponent were published after the priority date of alleged invention and hence cannot be considered as prior art.
The cited documents have been considered and it is observed that none of the documents cited in FER and cited by the opponent disclose the composition comprising (I) tebuconazole, (II) azoxystrobin and (III) fludioxonil. Therefore, the amended claims 1-3 of Annexure-A are novel and inventive as per The Patents Act, 1970.
The opponent has raised the objection regarding section 3(e) of The Patents Act, 1970 and applicant has also provided data to show synergistic effect of the claimed composition which seems persuasive and therefore, section 3(e) is not applicable for alleged claims.
The alleged claims do not fall u/s 3(h) of The Patents Act, 1970 as the invention lies in the synergistic effect of the pesticidal combination comprising (I) tebuconazole, (II) azoxystrobin and (III) fludioxonil for controlling or preventing the damage incurred by the pathogens.
In view of the discussions held during hearings, written submissions, and amendments, it has been found that the objections raised by the learned Examiner in FER and by the opponent regarding section 2(1)(ja), 3(e), 3(h) do not sustain. Therefore, the application proceeds for grant (Granted Number: IN445331) Dated Aug16, 2023.
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