Recently, the China National Intellectual Property Administration (CNIPA) issued Examination Decision No. 610449 regarding a request for invalidation filed by a third party against the patent titled “Bactericidal Composition with Synergistic Effect” (Patent No. 201410329265.6) owned by ADAMA Huifeng. CNIPA upheld the validity of all claims of the invention patent.
The patent was filed on June 9, 2014, and granted on June 1, 2016. It mainly protects a bactericidal composition comprising thiabendazole as active component A and pyraclostrobin or picoxystrobin as active component B, at a weight ratio of 1:30 to 30:1, as well as its formulation and use in agricultural disease control.
In May 2025, the petitioner filed a request for invalidation with CNIPA on the ground that the claims lacked inventiveness under the Patent Law. After review, CNIPA held that the claimed technical solution differs from the closest prior art in distinguishing features. The experimental data in the patent specification clearly shows that the co-toxicity coefficients of the combinations of thiabendazole with pyraclostrobin or picoxystrobin at the ratio of 1:30 to 30:1 all exceed 120, demonstrating significant synergistic effects. Such technical effects are not suggested by the prior art and constitute unexpected results. Accordingly, all claims of the patent are inventive.
The conclusion of this case not only clarifies the examination principle that “the effects of fungicides with similar structures or mechanisms cannot be directly extrapolated” in the field of pesticide compounding, but also provides practical guidance for the inventiveness assessment of similar patents. It reflects strong intellectual property protection for innovative achievements with substantial technical contributions and encourages R&D and innovation in the agricultural sector.
Beijing Caihe Law Firm was entrusted by ADAMA Huifeng to act as its patent attorney in the above invalidation proceedings.