Patents in agricultural chemistry play different roles for generics and originators. Our Patent & Research department has experience in both areas, but they should be considered differently.

The classic direction, but an expensive and rare one is patenting of the originators. This do the companies that invested in the development of their product based on either 1) a new chemical compound that showed activity in a particular field, or 2) an old compound that was improved, or 3) a new method for the production of the compound itself, which provides monopoly on the market for the substance (ask us how and we will provide more details), or 4) a new composition, more effective and with enhanced or new properties.

However, most companies in this field are generics. Therefore, this part of agricultural chemistry is the most developed, but also more complex. Before launching a new generic, it is advisible to do an important FTO (freedom to operate) search. Even if you think the substance is very old and you have every right to import and sell it, this is often not completely the truth. The FTO search is a special search conducted according to the standards of the International Intellectual Property Organization WIPO that will give you the opportunity to make a final decision and calculate the risks of launching your product on the market. If FTO search is not conducted, then, at the best, you are highly likely to be stopped at the product registration stage, or, at the worst, the product could be confiscated at customs. Moreover, transit through countries should not violate the rights of TM and patent owners on the transitional territory.

In Intectica practice, there was a case when the product was transported from China through Germany, and the Germans arrested the batch because of the valid patent on their territory.

In this case, to receive the product back the owner needs to go through litigation, which is not a cheap and easy option.

Therefore, one of the key tools in entering the agrochemical market is the FTO search. Additionally, thanks to many years of experience, Intectica experts can advise different approaches to solving your specific case