Patents and Plausibility - G2/21 Syngenta Ltd v Sumitomo Chemical Co. Ltd.
Author Renardo la vulpo Licence CC BY-SA 4.0 Deed Source Wikimedia Common s Jane Lambert Enlarged Board of Appeal (C. Josefsson, I. Beckedorf, F. Blumer, T. Bokor, P. Catallozzi, P. Gryczka and A. Ritzka) G 0002/21 Syngenta Ltd v Sumitomo Chemical Co. Ltd 23 March 2023 European patent No. 2 484 209 ("the patent") has been granted to Sumitomo Chemical Co. Ltd. ("Sumitomo") for a mixture of thiamethoxam and other compounds in accordance with a formula disclosed in the specification. That mixture produces an insecticidal activity that is greater than would be achieved by any of those compounds administered on its own ("the invention"). Syngenta Limited ("Syngenta") objected to the patent on the grounds that the invention was not new or obvious , that it had not been properly disclosed and it included added matter . The European Patent Convention ("EPC") provides a procedure for the revocation of a patent known as "oppositi...