Challenges to Patents
Challenges to Emulsified Oil Patents
EOS Remediation has an exclusive license from Solutions-IES to provide emulsified oils for use in groundwater bioremediation under U.S. Patent No. RE40448, European Union Patent No. EP 1 315 675 and several other pending international patents. A competitor has challenged us in the United States, Europe and Australia.
We recently received a final ruling on the Australian challenge – we won!
The Delegate of the Australian Commissioner of Patents wrote:
“All claims found to be novel and inventive….
There is no evidence that it was a matter to routine to prepare a
microemulsion with droplets less than one micron….
Costs are awarded against the opponent.”
Clearly, the Australian decision vindicates our position that the intellectual property disclosed is novel and non-obvious. Our pending Australian patent continues to cover the use of oil emulsions for aquifer bioremediation where the oil droplets are smaller than the aquifer pores.
Challenges to our US and European patents are still pending. However, nothing suggests that the opposition in the US, Europe, or any other forum will suffer a better fate than did the opposition filed in Australia. At this time, our US patent (RE40448) and European patent (EP 1 315 675) remain in full force.
For a more detailed analysis of this issue, please see the attached letter provided by Solutions-IES, the primary patent holder (Analysis of Patent Challenge).