FMC Scores Big Win In Patent Battle

FMC Scores Big Win In Patent Battle

Landmark Patent Grant for Innovative Pest Control Compounds

FMC Corporation secures a significant victory at the Indian Patent Office with the grant of patent application No. 202017034452. The patent covers innovative naphthalene isoxazoline compounds designed for effective pest control. This decision comes after overcoming a pre-grant opposition filed by the Haryana Pesticides Manufacturers’ Association.

The opposition was based on multiple grounds, including lack of novelty and inventive step, relying on prior art documents D1-D4, D6, and D7. However, the Controller rejected the opposition's arguments, finding that the prior art documents did not anticipate or render the claimed invention obvious. The Controller concurred that a skilled person would not have been led to the claimed invention from the prior art, endorsing the inventive step.

The Controller's decision highlights the distinctiveness of the claimed compounds, particularly the inventive selection of a fluorine-substituted phenyl ring and (R)-stereochemistry, showcasing non-obviousness and enhanced bioefficacy. Ultimately, the Controller found all opposition grounds untenable and upheld the patent grant.

In this case the applicant, FMC Corporation was represented by team Anand & Anand led by Ms. Archana Shanker, Sh. Devinder Singh Rawat, and Ms. Vashima Miglani, Advocates. The opponent was represented by Dr. Pinki Chakraborty and Ms. Haneet Papreja, Advocates.