Aker BioMarine has announced that its claims covering krill oil compositions on sale in Australia have been awarded “innovation patents”.
The four patents also cover the extraction of krill oil from denatured products such as krill meal and powder, although the company stressed that none of the granted claims are limited to krill oil removed by a specific extraction method.
Only available in Australia, innovation patents provide protection over eight years. They are awarded for “inventions that are novel over the prior art, and where the novelty-conferring feature substantially contributes to the function of the invention, but where there is no inventive step requirement as for ordinary patents.”
Such patents are not enforceable until they have been thoroughly examined by the Australian Patent Office, as is the case for Aker’s krill compositions.
"These new patents are now valid and enforceable in Australia. The low threshold for patentability of Australian innovation patents also makes it extremely difficult for a defendant to invalidate them, which is also why they are dubbed 'the strongest patents in the world’,” said Matts Johansen, Aker BioMarine's COO.
Johansen added that Aker is now looking forward to exploring new opportunities with interested players in the krill market.