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?applicationNo=2021261902

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.

The Company’s EcoGraf HFfree™ Australian Product Qualification Facility is being developed with the support of a $2.9m grant provided by the Australian Government under the Critical Minerals Development Program, with commissioning scheduled to commence next month.

Prospective customers have shown strong interest in the Company’s plans to provide a new source of environmentally superior battery anode material and EcoGraf is delighted that the Australian Government has supported its product qualification facility initiative, which is a key step to secure offtake arrangements for the development of the Company’s planned commercial scale purification facilities in major global battery markets.

This announcement is authorised for release by Andrew Spinks, Managing Director.

For further information, please contact:

INVESTORS 

Andrew Spinks  

Managing Director 

T: +61 8 6424 9002

About EcoGraf

EcoGraf is building a vertically integrated battery anode materials business to produce high purity graphite products for the lithium-ion battery and advanced manufacturing markets. Over US$30 million has been invested to date to create a highly attractive graphite mining and mineral processing business.

In Tanzania, the Company is developing the TanzGraphite natural flake graphite business, commencing with the Epanko Graphite Project, to provide a long-term, scalable supply of feedstock for EcoGraf™ battery anode material processing facilities, together with high quality large flake graphite products for specialised industrial applications.

Using its environmentally superior EcoGraf HFfree™ purification technology, the Company will upgrade the flake graphite to produce 99.95%C high performance battery anode material to supply electric vehicle, battery and anode manufacturers in Asia, Europe and North America as the world transitions to clean, renewable energy. 

Battery recycling is critical to improving supply chain sustainability and the Company’s successful application of the EcoGraf™ purification process to recycle battery anode material provides it with a unique ability to support customers to reduce CO₂ emissions and lower battery costs.

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