The patent references earlier "prior art" including a process patent granted to the University of Sherbrooke in Australia in 2003 and to which Canadian rival, Neptune Technologies and Bioressources, is the worldwide exclusive licensee. Neptune has offered krill in Australia since 2007.
Aker does not however use that manufacturing process for its krill oil, hence the new patent which was not opposed by Neptune.
Aker’s composition patent refers to astaxanthin in the range from around 400mg to 2,500mg/kg and ether phospholipids ranging between 3-10%.
This story has been amended to clarify the type of patents won by Aker and remove the imputation that they are the first company to hold a krill patent in Australia. They are however, the first company to win a krill composition patent in Australia.