Navigating Legal Challenges in the Agrochemical Industry

Scientific and legal perspectives

Engaging in agrochemical research and agribusiness is important and rewarding work, with solutions needed for the global challenges of decreasing agricultural land and increasing demands on the food supplies. Agriculture as we know it is rapidly changing, but the law and regulatory framework have been slow to adapt. New biotechnological advances are constantly emerging, and the resulting agro-products must overcome legal hurdles on their path to the marketplace. This book includes perspectives on intellectual property and the challenges that new agrochemical products face from the marketplace and regulators. Readers will gain an understanding of common challenges, review specific examples, and learn techniques to improve their patents.

Andrew Coates is an attorney in Nevada. Coates earned his law degree from the William S. Boyd School of Law (UNLV) as well as his Master of Business Administration from UNLV's Lee Business School. He also received a Bachelor of Science in Environmental Policy Analysis & Planning, with a minor in Environmental Toxicology from the University of California, Davis. In 2018, he was appointed by the Henderson Mayor and City Council to serve on the Henderson Commemorative Beautification Commission, for which he now serves as Chair. He is a member of the ACS's Committee on Patents & Related Matters, and he serves on the Executive Committee of the Chemistry and the Law Division. Coates currently serves on the Board of Directors for the William S. Boyd School of Law Alumni Association as well as the New Lawyers Committee for the Clark County Bar Association, which he co-chairs.

Rodney M. Bennett has been practicing chemistry for over forty years. Following his graduation from Wake Forest University, he began his career in agrichemical research at Ciba-Geigy Corporation in Greensboro, NC. From there, his career continued at contract research organizations En-Cas Analytical Laboratories and later at Wildlife International, Ltd. He developed additional project management skills at HERAC and Grayson Research, before moving to the agrichemical division of Elf Atochem, which evolved into CEREXAGRI and later became UPI. The residue chemistry section became JFRAmerica. After leaving JFRA, he moved to Critical Path Services. After over twenty years in the Philadelphia area, Bennett now has his own consulting firm, Winding Trails, LLC in his hometown of Winston-Salem, NC. Bennett has worked in various capacities, starting out as a chemist in the residue laboratory, and moving on to study director, program manager, laboratory director, and vice-president agrochemical research. He has served in multiple positions within the American Chemical Society: in all the Local Section activities including Chair and in the Agrochemical Division of ACS as Chair. He currently serves as a Councilor of the Agrochemical Division.

Jeanette M. Van Emon is a human exposure researcher with emphasis on applying immunochemical methods and former director of the U.S. EPA ORD LV immunochemistry research program. Van Emon received her BS in environmental science from California State University, Hayward, and her PhD in agricultural and environmental chemistry from the University of California, Davis. As a postdoctoral researcher at the University of California, Lawrence Livermore National Laboratory, she developed monoclonal antibodies and immunoassays for environmental contaminants. Her current research is focused on development of immunochemical methods for biomarkers of exposure and environmental contaminants with application to community group monitoring.

Preface

Chapter 1: Introduction to Legal Challenges in Agriculture, Agrochemicals, and Agribusiness, Jeanette M. Van Emon
Chapter 2: An Historical View from Ten Thousand Feet: The Complex Interconnectivity that Exists Between Agriculture and Regulation, Rodney Morris Bennett
Chapter 3: How the US Constitution Impacts Agriculture, Andrew Coates
Chapter 4: Continuing Evolution of the Coordinated Framework: Implications for Agricultural Biotechnology, Keith A. Matthews
Chapter 5: Clearing Freedom to Operate for New Agrochemical Products, Keith A. Matthews
Chapter 6: Fulfilling the Utility Requirement When Seeking Patents for Agrochemical Inventions, Keith A. Matthews
Chapter 7: Strengthen Your Patents on Agricultural Inventions by Appealing the Patent Examiner's Rejections to the Patent Trial and Appeal Board (PTAB), Xavier Pillai
Chapter 8: Introduction to Agrochemical Patent Term Extensions in Europe, Xavier Pillai
Chapter 9: NAICC Advocating for Research and Crop Consultants, Xavier Pillai
Chapter 10: Historical Perspective on: What Was and May Be Next for the Chemist: Regulations in Changing Legal Environments, Xavier Pillai

Editors' Biographies
Author Index
Subject Index