AGQM makes successful petition for review of patent registrations with regard to competitive distortion and obstruction

Jointly with other parties, AGQM successfully challenged several patents which were supposed to protect blends of mineral oil products and FAME (Biodiesel). Had those patents been granted, in many countries the production of Biodiesel blend fuels could have become subject to licensing which would have induced further deterioration and aggravation of the already difficult situation of Biodiesel producers.

All patent applications objected to were patents which did not show sufficient inventive potential; in one case the subject of patenting was even the generally known state of the art (prior art). AGQM’s challenges and the ensuing negotiations – which were taken to as far as the European Patent Office (EPO) in Munich – lead to the complete withdrawal of those patent applications.

To AGQM’s knowledge those were no isolated cases; the strongly increasing number of patent applications abets non-identification of not all formal shortcomings which may prevent patent granting during the official review of patent registrations. However, should such patents be approved effective despite the fact that they only describe the state of the art (prior art) the enterprises active in that particular field are highly endangered.

AGQM is of the opinion that inventions – also in the field of biofuels – can contribute significantly to the development of production technology, product ranges and the improvement of application properties; thus it is imperative to support their protection. Therefore, patent registrations which incorporate into the range of those patents facts already known and described, can generate competitive distortion and obstruction and must be regarded with criticism and scepticism.

In order to identify such patent applications in time, AGQM will – with the support of experienced patent lawyers – carry out regular patent monitoring in the field crucial for the Biodiesel trade. Furthermore, this monitoring also will also serve the purpose to identify and support any progressive developments which may be helpful to tap the full potential of Biodiesel and other biofuels.