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Trade barriers, patent encirclement! Where will the pesticide enterprises find their way out in the future?

The current pesticide industry is moving away from the homogenized internal competition and the extensive development model, and is shifting towards a new stage driven by intellectual property rights and independent creation. By focusing on source innovation, improving global patent layout, and adhering to value chain creation, it will surely seize the initiative in reshaping the industry landscape. The 15th Pesticide Intellectual Property Rights and Technological Innovation Conference, guided by innovation, focuses on patent layout, risk prevention, and international intellectual property disputes, deeply addressing the pain points in industry development, and providing a clear path for the high-quality development of pesticide patents and the breakthrough of internationalization.

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Regarding the pesticide protection strategies of multinational companies, the launch of new pesticides by these companies relies on three key methods for protection: Firstly, a “point-to-network” three-dimensional protection system is established. The core of this is the combination of “large-scale compound enclosures” and “multiple layers of patent jungles”; Secondly, data protection and registration barriers are built, relying on the data protection rules of various countries, forming a “patent + registration + data protection” triple blockade, trapping domestic enterprises in a passive situation where “the patent expires but the data cannot be obtained, the registration cannot be made, and the market cannot enter”; Thirdly, the core processes are protected as trade secrets, forming an “integrated defense system” of “patents, data protection, and trade secrets” with the patents and data protection. The full-cycle and all-dimensional patent layout of BASF’s pyrazosulfuron-ethyl is a typical practice of this strategy.

Based on the analysis of the strategies of multinational companies, Chinese enterprises can obtain some inspirations for strategic transformation: Establish a “multi-layer protection network” and build a systematic patent barrier; Implement “full life cycle” management to maximize value; Accelerate the construction of a global compliance system, regard intellectual property compliance as the life line of the enterprise, actively manage the risks of going global; Focus on the core products of the original research enterprises, open up new competitive tracks, and establish competitive barriers in the market through differentiated products.

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Plan for the innovation of the pesticide value chain and conduct forward-looking analysis on the patent cycle

Constraining “innovation” to merely the discovery of new molecules has led to a massive influx of chemical manufacturing capabilities into cost competition, making it difficult for enterprises to obtain sustained excess returns from technological innovation. The Chinese pesticide industry has fallen into a serious internal competition situation, which is essentially characterized by homogenized competition and the failure of innovation incentives.

Since 2022, Chinese pesticide enterprises have faced a complex and severe competitive environment. Multinational companies have continuously consolidated their advantages by building a complete patent network covering synthesis, crystal form, formulation, etc., and adopting strategies such as taking legal actions at the end of the patent term and setting registration thresholds for the first time. The global business environment has become increasingly volatile, making pesticide prices unpredictable, imbalances in supply and demand for bulk products, the push for local processing of counter-globalization, and geopolitical factors increasing operational instability.

Against this backdrop, multinational companies in the field of intellectual property have continuously strengthened core market protection, extended application domain patents, and a large number of “formulation companions” related patents have emerged. To cope with challenges and seize opportunities, Chinese enterprises have conducted exploratory efforts at multiple levels: optimizing overseas business and production layouts, focusing on product operation, channel connection, and local processing; building an intellectual property firewall, breaking through registration barriers, and shortening the protection period after the patent term; and laying out new product registrations around directions such as prohibition and restriction of use, patent expiration, regulatory changes, etc.

In the future, domestic enterprises will be more actively promoting overseas product registrations, through independent registration, resource sharing, product clustering to seize the market, and at the same time, to avoid high-risk patent areas and enhance supply timeliness, the overseas production and supply layout will become more proactive and widespread.

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Focus on the practical aspects of patent operations and explore the application of scientific and technological innovation in pesticides.

High-quality patent technology disclosure documents can directly support the compilation of patent documents, ensure the stability of patents, avoid risks of technology leakage, and lay a solid foundation for subsequent review responses and infringement protection. Enterprise patent professionals need to play a dual role of guidance and review, guiding R&D personnel to establish a patent mindset and filling the writing shortcomings.

The elements that the technical disclosure document should contain and the review priorities of patent professionals provide a systematic and operational work guide for enterprise patent professionals. The report, by focusing on clear and accurate technical solutions, fully repeatable implementation examples, quantifiable and comparable technical effects, and standardized and unified text, helps R&D personnel fill the shortcomings of patent thinking and fundamentally improve the quality of technical disclosure documents, thereby ensuring the value and competitiveness of the enterprise’s patent assets.

 

Post time: Jun-11-2026