FMC Corporation provides agricultural solutions. The Company provides herbicides, insecticides and miticides, fungicides, agricultural instruments, and additional crop chemicals utilized for seed corn, potatoes, sorghum, sweet corn, cotton, tobacco, sunflowers, grapes, and other related products. FMC assists consumers all over the world.
In India, the Chemical business of FMC Corporation is focused on Heterocycle-substituted bicyclic azole pesticides, Process for converting S-enantiomer to its racemic form, Aryloxypyrimidinyl ethers as herbicides and Pyrrolidinones as herbicides.
FMC Corporation filed patent application numbered 7047/DELNP/2006 that is titled as MIXTURES OF ANTHRANILAMIDE INVERTEBRATE PEST CONTROL AGENTS. The patent has been filed in the field of Chemical Compounds. This Patent Application has been granted as Patent Number 342904.
This invention covers Chemical compounds. It identifies variations of supervising invertebrate pests comprising combinations of (a) 3-bromo-N-[4-cyano-2-methyl-6-[(methylamino)carbonyl]phenyl]- 1-(3-chloro-2-pyridinyl)-1H-pyrazole-5-carboxamide, an N-oxide, or a salt thereof, Formula (1) and (b) an invertebrate pest control agent chosen from neonicotinoids, cholinesterase inhibitors, sodium channel modulators, chitin synthesis inhibitors, ecdysone agonists, lipid biosynthesis inhibitors, macrocyclic lactones, GABA-chloride channel blockers, juvenile hormone mimics, ryanodine receptor ligands, octopamine receptor ligands, mitochondrial electron transport inhibitors, nereistoxin analogs, pyridalyl, flonicamid, pymetrozine, dieldrin, metaflumizone, biological agents, and salts. Lastly, the invention also lays down techniques for monitoring invertebrate pests by contacting the pest or its atmosphere with a biologically effective amount of the invention.
During the patent examination, the patent examiner raised objections under Sections 3(d), 3(e) and 3 (h) of the Indian Patents Act that the claims and the prior art include the same technical effect, without disclosing any technical advancement, attracting the limitation of Section 3(d), the invention treates a particular class of pests where the active agents are known to be effective individually. Such a composition is effective in any admixture and no synergistic effect is indicated, attracting the provisions of section 3(e) and the claims attract the provisions of non-patentability u/s 3(h) respectively.
As a response, the Applicant submitted that u/s 3(d) the invention discloses a combination of two active agents, and does not fall within the scope of Section 3(d). Secondly, u/s 3(e), the Applicant submitted that the invention indicates a synergistic combination of a specific compound and an invertebrate pest control agent; and Thirdly, u/s 3(h), the Applicant submitted that the claims indicate a method of controlling pest, and are not in relation to a method of agriculture.
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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