Recently, GEN Law Firm, representing KUMIAI Chemical Industry Co., Ltd. ("KUMIAI"), received two favorable decisions from the China National Intellectual Property Administration (“CNIPA”), maintaining the full validity of KUMIAI’s patent in two patent invalidation cases.

The patent, titled “Process for producing 5-alkoxy-4-hydroxymethyl pyrazole compound,” protects a key intermediate compound and its manufacturing process in KUMIAI’s innovative herbicide Pyroxasulfone.

These two cases were handled by partners Xia Feng, Ma Chunsheng, Du Xiaokuan, and team members Yin Chao, Ye Ziyi, Wang Yulu, and Zhao Qiming.

Case Background

Kumiai is one of the world’s leading agrochemical companies with over 70 years of experience in manufacturing herbicide products. Its flagship herbicide product, Pyroxasulfone, since its market launch in 2011, has gained increasing prominence in the agrochemical market due to its broad-spectrum efficacy, high efficiency, low dosage requirements, and long-lasting effectiveness, becoming a crucial option for mainstream crop weed control globally. KUMIAI holds a global patent portfolio, including but not limited to Chinese patents related to intermediate compounds and manufacturing processes of Pyroxasulfone herbicide.

On November 12, 2014, the patent was granted in China, titled " Process for producing 5-alkoxy-4-hydroxymethyl pyrazole compound," with patent number ZL201210121587.2. The patent is KUMIAI's core patent in China concerning Pyroxasulfone herbicide intermediate compounds.

In June and August 2024, GEN Law Firm, representing KUMIAI, filed patent infringement lawsuits against an agricultural company in Anhui and a chemical company in Hangzhou. These two companies subsequently initiated patent invalidation proceedings against the patent before CNIPA.

Regarding the invalidation requests, CNIPA recently issued two favorable decisions, maintaining the full validity of the patent.

Case Analysis

GEN Law Team possesses extensive practical experience in patent invalidation, administrative lawsuit, and infringement lawsuit in the pharmaceutical and chemical fields. In these two cases, GEN Law Team worked closely together, conducting in-depth research and analysis on novelty, non-obviousness, and claim support issues specific to this field, based on the analysis of the patent, the invalidation grounds of the petitioners, and prior art.

GEN Law Team has rich experience and professional expertise in IP dispute resolution, particularly in complex technical patent invalidation cases, earning high recognition from clients. These two cases, involving the protection of important intermediate compounds for KUMIAI’s innovative herbicide Pyroxasulfone, and the decisions to maintain the patent's full validity, also demonstrates China's patent protection standards are gaining worldwide recognition.