Update: Coldry Patent Application Australia

Key Points:

  • Opposition to Australian Coldry Patent withdrawn
  • Coldry Patent Application progresses to final examination

Environmental Clean Technologies Limited (ECT or Company and ASX code: ESI) is pleased to confirm the opposition to our Coldry patent in Australia has been withdrawn, allowing the application to progress to final examination.

ECT Managing Director Mr. Mike Davies said, “Consistent with past statements to the market we’re naturally pleased with the expected outcome. We’d like to thank the team at our Patent Attorney Davies Collison Cave for their efforts in concluding the matter.”

The Company has been advised the Patent Application will now be transferred back to the original examiner to be processed. Standard procedure provides for the raising of any issues by the examiner in relation to our recent amendments. It is also possible for third parties to file a request for re-examination, however this would only take place if significant patentability concerns were raised. Based on advice received the Company considers the prospect of re-examination at this point to be very low.

Assuming there is no re-examination, the Patent is likely to be sealed (granted) within 6 to 8 weeks, adding to those already granted in China, USA, New Zealand and Canada.

Patent Applications are progressing in Europe, Brazil and India.

In addition to patent protection in jurisdictions that feature significant brown coal reserves and a robust legal system, ECT employs detailed legal agreements as part of a broad IP protection strategy.

Background

In late 2009, a third party lodged an opposition to the granting of the full Patent by IP Australia.

Following assessment and advice from our Patent Attorney, Davies Collison Cave, that the ‘opposition’, though requiring ECT to defend its IP, did not present a critical threat and did not interfere with our commercialisation of the Coldry process in Australia, the Company formed the view that the matter was not material and proceeded to follow due process to progress the matter.

In progressing the matter, 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 2010 and granted on 9 September 2010.

In an announcement to the ASX on 28 July 2011, the Company highlighted amendments to the Australian Patent Application in line with those that led to the granting of the US Patent (announced 29 June 2011) and flagged the expectation that the opposition could not be sustained and the matter would be resolved in our favour within 6 to 9 months.

For Further Information Contact:

Mike Davies – Managing Director +61 3 9909 7684 or info@ectltd.com.au