09.05.12
Aker BioMarine, Oslo, Norway, has announced that during re-examination proceedings requested by Neptune Technologies & Bioressources, Inc. Quebec, Canada, IP Australia has confirmed the novelty and inventiveness of the broad krill oil composition claims in its Australian patent #2008231570. 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.
