For a second time, the European Patent Office rejected an opposition against Aker BioMarine’s patent 2144618, covering most krill oils available on the European market.
In 2013, Aker BioMarine was awarded a key patent related to production and composition of krill oil. Due to opposition the patent has not been enforced while the decision from the European patent agency was pending. In its decision published on Friday, October 22nd the European Patent Office (EPO) Board of Appeal has had its final say; the patent has been upheld and validated on all accounts and all procedural options are exhausted, giving Aker BioMarine a strong and broad patent covering sales of krill oil in EU until 2028.
“We are satisfied to see that the work and the investments we put into science and R&D can enjoy the protection granted to such innovations under the international patent system. The decision gives our krill oil a very strong position in the European market, and we aim to use this position by establishing strong partnerships and having even more consumers discovering the health benefits of our superior krill oil”, says CEO of Aker BioMarine ASA Matts Johansen.
The decision from the appellate board of the EPO means that Aker BioMarine gains patent protection for production of krill oil made from krill meal and sale of krill oil with between 40-60% phospholipids, which is core characteristics for commercial krill oils currently available on the European market. The patent also protects krill oil containing phospholipid in a broader range with astaxanthin levels above 400 ppm, making the patent easy to enforce. The protection lasts until 2028.
”Aker BioMarine’s krill products are backed up by more than a decade of science, product development, sustainable krill harvesting operations and the world’s largest krill patent portfolio. The decision by the European Board of Appeals suggests that the entire international patent family will withstand similar validity oppositions elsewhere,” says Johansen.
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