Aker BioMarine is pleased to announce that, during re-examination proceedings requested by Neptune Technologies & Bioressources, Inc. ("Neptune"), IP Australia has confirmed the novelty and inventiveness of the broad krill oil composition claims in its Australian patent #2008231570 (the "Patent").
The Patent granted on January 25th, 2012 containing claims covering commercially important krill oil compositions without limitation to any specific extraction method. In a request for re-examination dated May 22, 2012, Neptune had alleged that all the claims of the Patent lacked novelty and inventiveness and therefore should be revoked. However, in a recent decision IP Australia upheld claims 1 to 31 and 44 stating that the krill oil composition invention covered by these claims "is novel and involves an inventive step in light of any of the documents" upon which Neptune had based its re-examination request.
"We are of course glad to see the novelty and inventiveness of our game changing krill oil composition claims being confirmed during re-examination. This patent, together with our ongoing ability to supply Australian companies, makes Aker BioMarine an attractive partner," stated Matts Johansen, COO at Aker BioMarine.
In addition to the important composition claims, the Patent also contains claims covering Aker BioMarine's extraction method and possibly those of other krill players. "While the examiner now found these particular process claims to lack novelty and/or inventiveness, this does not significantly change the commercial value of this patent," added Edvard Brække, legal counsel to Aker BioMarine.