Bayer CropScience AG v. Deutches Patent

C‑11/13
January 10, 2013
Provisional judgment
European Union

Economic stakeholders
Bayer Cropscience AG
Other
No description

EU court
Herbicide, Isoxadifen, Isoxazolin, Foramsulfuron, Iodosulfuron, MaisTer, Fenoxaprop, Ricestar
Annul the decision rejecting the application for a supplementary protection certificate for a safener.
Court of Justice of the European Union, European Union
No description

June 19, 2014
Positive
The Court states that the concept of product and active substances may be interpreted and intended for a safener use, provided that it has its own toxic, phytotoxic or phytopharmaceutical action.

Bayer seeks annulment of Deutsches Patent's decision rejecting a supplementary protection certificate for the herbicide Isoxadifene consisting of several active substances, which it considers to be a safener. The Court questions whether this product falls within the concept of an active substance (because of its own toxic, phytotoxic or phytopharmaceutical action).