FMC's description of the patent status of Oxazolamide
1. The invalid decision of the State Intellectual Property Office has not taken effect, and the oxazolamide patent is still a valid patent.
2. Hannong Company and Fumei Shi Company did not approve the invalidation decision. They have filed an administrative lawsuit against the invalidation decision and asked the court to cancel the invalidation decision. Hanon and Fumei Shi are confident to maintain the oxazolamide patent (the oxazolamide patent has provided sufficient experimental data to demonstrate that oxazolamide compared to the racemate and its S configuration It has unexpected technical effects and therefore has the creativity required by patent law).
3. During the lawsuit, oxazolamide is still protected by patents. Anyone who manufactures, sells, promises to sell, use and import oxazolamide products (including registration and export behavior) without the permission of the right holder constitutes a patent. Patent infringement requires the corresponding tort liability.
4. In addition, according to the Regulations on the Administration of Pesticides, anyone who produces and sells oxazolamide products without obtaining a pesticide registration certificate and production license will be identified as producing and selling counterfeit pesticides. In the case of serious circumstances, it will also constitute a criminal offence.
5. Fumei Shi will cooperate with all partners to continuously monitor the infringing and illegal products in the market, collect and retain relevant evidence materials, and bring lawsuits against relevant infringements when necessary, and/or to relevant law enforcement. The agency reported.
Global pesticide market flat in six months in 2019, regional market developments vary
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