Sumitomo’s Indian patent application, IN 3570/CHENP/2011 with title “Composition For Controlling Plant Diseases And Method For Controlling Plant Diseases” covering combination (mixture) of Mandestrobin and an Azole compound is selected from bromuconazole, cyproconazole, difenoconazole, fenbuconazole, fluquinconazole, hexaconazole, imibenconazole, ipconazole, myclobutanil, prothioconazole, simeconazole, tetraconazole, triticonazole and metconazole. However, this application face pre-grant opposition filed by Mr. Gurjeet Singh on June 25, 2015. Curiously, despite this opposition, the opposing party, Mr. Gurjeet Singh, chose not to actively participate, request, or submit materials pertinent to the hearing process. As a result, Sumitomo emerged victorious, the patent ultimately being Granted (Patent No. IN 444930) dated August 14, 2023.
Gurjeet Singh’s objections were rooted in several key aspects outlined in the Patent Act:
Non-Patentability: Sections 2(j), 2(j)(a), 2(l)
The opposition contended that the subject matter of the application fell under the categories of non-patentable inventions as defined in sections 2(j), 2(j)(a), and 2(l) of the Indian Patent Act. These sections pertain to inventions that are mere discoveries, methods of agriculture or horticulture, and substances obtained by mere admixture, respectively.
Mere Discovery: Sections 3(d), 3(e), 3(h)
The objections were grounded in sections 3(d), 3(e), and 3(h) of the Patent Act, which address the patentability of new forms of known substances and the mere discovery of new properties of known substances.
Prior Disclosures: Sections 25(1)(b), 25(1)(c)
Gurjeet Singh invoked sections 25(1)(b) and 25(1)(c) of the Patent Act, arguing that the application’s content was already known to those skilled in the art prior to its filing date of 25/05/2011. It was asserted that the application drew heavily from existing prior art in the same technological domain, and that the proposed agricultural composition lacked differentiation from other similar compositions.
The opposition drew attention to several prior art documents, including:
- PCT/IB02/05232
- EP19940114505
- PCT/EP03/01929
- PCT/JP00/03624
Despite these objections, it is notable that the opponent, Gurjeet Singh, opted not to further pursue the opposition. As a result, Sumitomo emerged victorious, with the patent ultimately being Granted (Patent No. IN 444930) dated August 14, 2023.
For More Detail Visit: ChemRobotics.com (Global Agrochemical Intelligence Database)
