Bioland Ltd and Zakutajeva Galina filed patent application numbered 11080/DELNP/2013 that is titled as BIOLOGICAL PRODUCT FOR CLEARING OF WATER INDUSTRIAL WASTEWATER AND SOIL FROM CHEMICALS WHICH ARE RESISTANT TO DEGRADATION AND METHOD FOR USING THE SAME. This patent application has been granted as Patent Number 316822.
The invention covers Biotechnology compounds. The invention relates to a novel biological product for the purification of water, soil, industrial wastewater from chemicals that are resistant to degradation such as pesticides and oil, wherein the bioproduct presents an association of strains of bacterias Pseudomonas putida VKPM B-10997, Bacillus subtilis VKPM B-10999 and Rhodococcus erythropolis VKPM Ac-1882 in a weight ratio of (1-2):(1-2):1. The bioproduct may further contain sorbent, organic and mineral supplements and stimulating agents. Said bioproduct may be used for the decomposion of resistant to degradation pesticides and oil. Bioproduct has plant growth stimulating and fungicidal activity. The invention also relates to use of the offered biological product.
During patent examination, the patent examiner raised objections under Section 3(d) of the Indian Patents Act, wherein the examiner stated that in the absence of experimental data, it is not clear if the said product act to provide an enhancement of the known efficacy i.e., demonstrate a greater technical effect and/or differ significantly in properties w.r.t the known product.
As a response to said objection, the applicant submitted that there is no disclosure in the prior art of an association of strains of Pseudomonas putida, Bacillus subtilis and Rhodococcus erythropolis as claimed in the present claims for treatment of soil, water and industrial wastewater contaminated with persistent chemicals such as pesticides, phenols. Furthermore, the proposed association of strains according to the invention has new and unexpected features, that is, the ability to degrade pesticides not only of the class of chlorophenoxyacetic acid, but other classes of pesticides too, which differ in chemical structure- herbicide imidacloprid.
Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.
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