EQS-News

Australian Patent Update

EQS-News: EcoGraf Limited / Key word(s): Patent Australian Patent Update 19.03.2024 / 10:45 CET/CEST The issuer is solely responsible for the content of this announcement. EcoGraf Limited (“EcoGraf” or the “Company”) (ASX: EGR; FSE: FMK; OTCQB: ECGFF) advises that the delegate of the Australian Commissioner of Patents has issued findings in favour of opposition raised to the Company’s Australian patent application, filed on 1 November 2022 and entitled “Method of Producing Purified Graphite”. For full details refer:

https://pericles.ipaustralia.gov.au/ols/auspat/applicationDetails.do?a ...

EcoGraf is considering its position in relation to the matter, specifically whether or not it intends to file amendments to overcome the deficiencies identified by the delegate in the Company’s Australian patent application and/or whether to exercise its right of appeal to the Federal Court.

The findings of the delegate have no impact on EcoGraf’s rights to develop EcoGraf HFfree purification facilities within Australia, though protection of the Company’s investment in proprietary processing, innovation and new technology provides an important competitive advantage and the development of Australian technologies supported by patents strongly aligns with the core principles of the Australian Government’s Critical Minerals Strategy.

The delegate found, amongst other things, that a number of the claims lacked inventive step and did not provide a clear and complete enough disclosure beyond the use of spheroidal and flake graphite in the process of the invention. Whilst EcoGraf is pleased that the patent claims have been found to be novel, it is surprised by the other findings in the delegate’s decision.

Patent applications have separately been made by EcoGraf in other planned processing locations, including the United States, EU, Korea, Malaysia, Vietnam, East Africa and South Africa. The US Patent and Trademark Office has confirmed that the Company’s patent application, filed on 1 November 2022, entitled “Method of Producing Purified Graphite” was granted on 18 July 2023 as US Patent 11,702342 (refer ASX announcement US Patent Granted 19 July 2023). Actions will be taken to further support these applications.