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Legal – Intellectual Property

 MediKane’s IP strategy is as follows:

  • MediKane outsources R&D and laboratory work to MediKane’s technical partner – Gratuk Technologies Pty Ltd (Gratuk)
  • Gratuk applies for and registers patents
  • Gratuk is substantially owned by MediKane co-founder Dr Malcolm Ball and on whose board two MediKane directors sit
  • MediKane has a ‘Right of First Refusal’ to all IP developed by Gratuk
  • When finalised and commercialised, MediKane takes ownership of the IP/Patent; or
  • Takes a licence for IP it does not own. The licence provides exclusivity for an application
  • Key areas are registered by patent
  • All relevant documents are Copyrighted

Gratuk has the technical associations required with universities and international scientific officers and organisations and assumes all risk with product development. This structure has been used to primarily maximise the ATO R&D Tax incentive for development work that Gratuk undertakes. To date this program has delivered $1.1 million to the group since product development began.

Patents have been registered for key components and an independent IP Attorney has been retained to test the strength of patents and protection under a brief of attempting to compromise the patent.

MediKane has the advantage of being first to market and the value of the IP is being protected wherever possible.

Patents

MediKane has exclusive rights to key IP for processing of sugarcane for diabetes and has registered the following patents.  The patents also cover the key steps in producing essential raw materials for MediKane products.

 

Patent Number

Priority Date

Description

Status

Territories

PCT/AU2013/000201

5th May 2012

Treatment of blood glucose in humans using natural plant derivatives.

Granted in Australia and New Zealand

USA, Canada, Europe, Japan, India, China, New Zealand, Australia.

PCT/IB2014/060471

5th April 2013

Use of natural plant derivatives for diseases in humans such as IBS Crohn’s.

National Phase

USA, Canada, Europe, Japan, India, China, New Zealand, Australia.

PCT/AU2015/050330

13th June 2014

Treatment of systemic inflammation using natural plant derivatives.

National Phase

USA, Canada, Europe, Japan, India, China, New Zealand, Australia.

Under development

Not yet Issued

Treatments for a large range of other medical conditions (over 10 additional).

IP value being evaluated

Similar countries for those registered

 

 

Brands & Trademarks

MediKane and NutriKane trademarks have been registered:

medikane-brands

Trade Secrets

Much of the key development work is currently not included in patent applications but protected under Trade Secret protocols.  For example, the work of MediKane researchers with Macquarie University has led to a deeper understanding of the underlying mechanisms of metabolic health and how to treat metabolic disorders with medical foods, specifically MediKane products.  This work also led to an understanding of how MediKane products improve the health of the human immune system.

An understanding of the difference between foods that are ‘healthy’, and medical foods that can be used to treat specific conditions has been applied to several other ingredients and conditions.  This has resulted in a library of ingredients that can be used to build on the basic benefits of the core ingredients found in NutriKane.

The processes used to prepare MediKane products are not obvious, which is why MediKane has been granted patents based on the novelty of the products.  Others have attempted to prepare the core ingredients, but their results showed no better effect than normal ‘fibre supplements’.  The key requirements to prepare a food with active micronutrients has been kept as a trade secret and will be used for the creation of future products.