Coldry Process Intellectual Property Update
Thursday, 21 October 2010:
Environmental Clean Technologies Limited
(ASX:ESI) is pleased to
announce achievement of an important milestone in securing its Coldry Process
Intellectual Property in the Australian market.
Background
The Coldry Process patent application covering Australia received an `opposition' last
year obstructing it from being `granted' in Australia until the matter is determined by IP Australia.
Assessment and advice from our Patent Attorney, Davies Collison Cave, was that the `opposition', though requiring ECT to defend its IP, did not present a critical threat and does not interfere with our commercialisation of the Coldry process in Australia. On this advice, the Company formed the view that the matter was not material and proceeded to follow due process to progress the matter.
For the avoidance of doubt, the `opposition' has had no detrimental effect on the license issued to Victoria Coldry Pty Ltd (TinCom-ECT joint venture company) in June 2010.
In progressing this matter, which procedurally can take several years, the option of
applying for an Innovation Patent was recommended as an enhancement to the existing patent application, and to cover the further developments made in our IP since original filing. Accordingly, an application was made to IP Australia during September.
Innovation Patent Granted
On the 9th September 2010, an Innovation Patent was granted and was certified into force today by IP Australia.
ECT will now continue to work through the objection process and is extremely confident
of a favourable outcome.
ECT's Directors and Management understand that elements of the market would like
more detailed information about the opposition and our response to it, however the matter is still before IP Australia; nevertheless, material developments will be reported as we move through the process of resolving the objection.
It is important to note that the Coldry Process patent is now granted and in force in China and New Zealand, and continues to progress toward enforceable status in Europe, India, Canada, Brazil and the USA where we are actively engaged with the relevant patent office in those jurisdictions.
