FMC QUÍMICA DO BRASIL LTDA filed International PCT Patent Application (WO2016015113 A1) covering Triazolinone Herbicide Sulfentrazone Herbicide Diuron Mixture (synergistic herbicidal formulation), Indian family equivalent granted in India, e.g. IN419813 (IN201717002068)
WO2016015113 A1– FMC QUÍMICA DO BRASIL LTDA; Entitled: Herbicidal Formulation with Double Action Mechanism For Controlling Weeds, Method For Controlling Undesirable Weeds And Method For Increasing Harvest Yield.
The IN419813 (IN201717002068) will be expiring on July 28, 2035.
FMC already launched Stone® (diuron + sulfentrazone) in the Brazilian market of the herbicide to combat the weeds on sugarcane. The product has a wide spectrum control for major weeds such as the common morning glory, Java grass, the Palmer Amaranh, signal grass, the southern sandbur, the Benghal dayflower, and goosegrass.
Family Equivalents:
AR101366A1; BR102014018735A2; CN107072210A; CO2017000849A2; CR20170073A; GT201700014A; MX2017001098A; US2017223961A1; UY36247A; WO2016015113A1; WO2016015113A8; IN 419813 (IN 201717002068)
Indian Patent Grant
IN 419813 (IN 201717002068) entitled Herbicidal Formulation with Double Action Mechanism For Controlling Weeds Method For Controlling Undesirable Weeds And Method For Increasing Harvest Yield.
- APPLICATION NUMBER: 201717002068
- APPLICATION TYPE: PCT NATIONAL PHASE APPLICATION
- DATE OF FILING: 19/01/2017
- APPLICANT NAME: FMC QUÍMICA DO BRASIL LTDA
- TITLE OF INVENTION: HERBICIDAL FORMULATION WITH DOUBLE ACTION MECHANISM FOR CONTROLLING WEEDS METHOD FOR CONTROLLING UNDESIRABLE WEEDS AND METHOD FOR INCREASING HARVEST YIELD
- PCT INTERNATIONAL APPLICATION NUMBER: PCT/BR2015/000113
- PCT INTERNATIONAL FILING DATE: 28/07/2015
- PRIORITY DATE: 30/07/2014
- Date Of Certificate Issue: 31/01/2023
- Granted Application, Patent Number: IN 419813
Pre-Grant Opposition:
27th November 2020 – ‘Pre-Grant Opposition’ filed by a third party under section 25(1) of the Indian Patent Act 1970 concerning the patentability of the invention on the issue of ‘Novelty’ and ‘Inventive Step’
About the Invention:
The invention is directed to a herbicidal combination with a double-action mechanism for controlling weeds. The formulation of the present invention comprises at least one herbicide (Sulfentrazone) from the triazolinone group (PPO- Protoporphyrinogen Oxidase) and at least one herbicide from the urea group (PS II- photosystem II) i.e. Diuron.
More specifically, the present invention relates to a dual-modal of action herbicidal formulation for controlling weeds in crops selected from the group consisting of sugarcane, soybean, coffee, and citrus, which comprises:
(a) first herbicide pesticide, wherein the first herbicide pesticide is triazolinone Sulfentrazone;
(b) second herbicide pesticide, wherein the second herbicide pesticide is a urea Diuron Triazolinone is present in a concentration of 175g/L and the urea is present in a concentration of 350 g/L
The composition of the present invention further comprises a mixture of dispersants selected from the group consisting of (a) polymer surfactant, (b) block copolymer EO/PO, and (c) additives to stabilize the formulation.
Major Objections:
The novelty or inventiveness objection with regard to the prior art documents
- Document D1 (US 6040271)
- Document D2 (US 6444613 B1)
- Document D3 (WO 2005089548)
- Document D4 (JP H0977609)
- Document D5 (US 2006154823)
- Document D6 (US 2011190126)
- Document D7 (US 2014031222)
- Document D8 CN 103841826
Non-Patentability:
u/s 3 In so far as Section 3(e) is concerned, it is respectfully submitted that the data included in the patent specification is clearly indicative of the synergism effect.
Technical Effect/ technical advantage:
The formulation of the present invention provides better and more efficient control of these weeds when compared to other herbicides registered for sugarcane, soybean, coffee, and citrus, especially because of their two distinct mechanisms of action, i.e., inhibiting PPO and the photosystem II (PSII).
Synergistic Effect of Formulation:
The Applicant submits that the combination of herbicide PPO inhibitor and PS II inhibitor particularly, Sulfentrazone and Diuron has a significant synergistic effect in a single formulation which is not observed in other combinations. The patent specification provides extensive figures (Figure 1-13) to demonstrate the efficacy of the formulation of the present invention in coffee plantations, sugarcane and citrus culture, and soybean culture.
The Applicant has clearly demonstrated the synergistic effect of formulation in table 2 which illustrates the effective control of each mixture or formulation in relation to the respective cultures and time after application. It is clear from data in table 2(page no 16 in the specification) that the formulation of the present invention has superior control (A) compared to the treatment using a commercially available composition (E) Amicarbazone 700 g/Kg WG + Tebuthiuron 500 g/L SC and (G) Clomazone 800 g/L EC + Hexazinone 132 g/Kg + Diuron 468 g/Kg WG.
Advantage of the formulation:
One advantage of the formulation of the present invention is that it has a better selectivity, thus resulting in better and more efficient control than all commercially available herbicides for sugarcane, including Dynamic (Amicarbazone 700 g/Kg – Arysta Lifescience) with Combine (Tebuthiuron 500 g/L – Dow AgroSciences) and Plateau (Imazapic 700 g/Kg – BASF) with Combine (Tebuthiuron 500 g/L – Dow AgroSciences).
Another advantage of the formulation of the present invention is related to the safety of the application of its application on the field since the farmer can apply the formulation of the present invention as a concentrated suspension, which is more convenient and safer since the formulation is nonflammable, has low toxicity and high concentration of the active ingredient.
Another advantage of the present invention is the association of two herbicides molecules that have different mechanisms of action, i.e., Sulfentrazone is a PPO inhibitor, and Diuron is a PSII inhibitor, both together in a high-performance formulation for controlling the main weeds that affect sugarcane, soybean, coffee and citrus crops. Furthermore, the formulation has high solubility, providing excellent weed control in both plant-cane and ratoon cane in the humid season, coffee, and citrus.
To overcome objection raised by Patent examiner – Applicant has amended claims, granted independent is as follows.
Claim 1. A herbicidal formulation with a double action mechanism for controlling weeds, characterized by comprising:
(a) first herbicide pesticide from the triazolinone group sulfentrazone;
(b) second herbicide pesticide from the Urea group Diuron; and
the triazolinone is present in a concentration of 175 g/L and the urea is present in a concentration of 350 g/L.
