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BYK’s attempt to invalidate Nanto Cleantech’s European patent was unsuccessful and the patent remains in force

NEW YORK, USA, 22-Jul-2019 — /EPR LAW NEWS/ — Nanto Cleantech Inc., a US based industrial intellectual property and technology holding company with affiliates in the United States, Europe and Israel, is pleased to announce that the European Patent Office has upheld European Patent EP 2352789, rejecting an opposition launched by BYK-Chemie GmbH, a global leading supplier in the additives sector. “This is a great win which further emphasizes the strength of our patent portfolio in industrial applications of modified aluminosilicates and nanoclays for rheological and thixotropic properties in paints and coatings”, said a representative of the Board of Directors of Nanto Cleantech Inc.

The opposition filed in November 2017 with the European Patent Office by BYK-Chemie GmbH was intended to demonstrate an alleged lack of sufficient disclosure, novelty and inventiveness of the European patent held by Nanto Cleantech, but on January 16, 2019 the opposition division of the EPO decided to reject the opposition in total so that the given patent has been maintained in its original granted version.

Thus, even though BYK filed appeal against the decision, Nanto Cleantech Inc.’s patent protection in all European countries remains today unchanged.

The main claims of EP 2352789, owned by Nanto Cleantech Inc. and licensed to Nanto Protective Coating Srl, covers a wide range of rheologic and high barrier properties relating to formulations for anticorrosion protection in paints and coatings, based on epoxy, polyurethane, acrylic, alkydic, polyester resins and mixtures thereof, and comprising a multitude of mostly bi-dimensionally developed nanoparticles. Nanto Cleantech additives provide exceptional durability and resistance offering numerous solutions in many applications in the protective and marine sector.

Similar versions of the patent have already been issued in many countries all over the world, including CA, CN and all member states of the European and Eurasian Patent Organizations.

Nanto Cleantech’s cross functional IP team, including Prof. Shmuel Kenig, inventor and CTO of the Company and the General Manager Roberto Cafagna collaborated with the expert of legal protection of the patent law firm “Grättinger Möhring von Poschinger” to defend the subject patent against the BYK opposition.

“We are satisfied with the outcome of the opposition proceedings, confirming the inventiveness of our patent”, Roberto Cafagna, Nanto Cleantech General Manager, says. “BYK’s attempt to invalidate our granted European patent was unsuccessful and the patent remains in force. Throughout the R&D, sales and marketing process, we respect the intellectual property of other companies and individuals and expect others to similarly respect Nanto Cleantech’s intellectual property rights. We remain committed to pursuing legal enforcement against those who do not respect our intellectual property, keeping at the same time an open innovation approach, with an IP licensing program, industrial partnerships and JV, related to worldwide patented technologies,”

SOURCE: EuropaWire