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arms - in response to the patents part of the debate - herd testing patent runs out in 2023.

Patent Protection

A2M’s intellectual property portfolio consists of a numbers of rights in trademarks, patents, proprietary processes and know-how which together interlock and provide protection to a2 branded products and processes. A2M has brand and trademark registrations or applications across 57 territories (as at Dec’15). In addition A2M has 14 families of patents which cover a number of activities including herd testing, herd formation, beneficial uses and physical properties associated with A2 products. The table below details all publically disclosed patents by A2M, though we note there are ~5 new families of patent applications lodged since this list was provided where details have not been released. Our understanding is these patents are largely focused around the benefits of A1 protein free products.

Figure 9 - a2 Milk supply chain in Australian fresh milk

Patent title

Expiry

Territories

Method of Selecting Non-Diabetogenic Milk or Milk Products and Milk or Milk Products so Selected

3 November 2015

Australia, Canada, Finland, Ireland, Netherlands, New Zealand, Norway, UK, USA

Food Product and Process, Bovine Genotype Testing for Beta-Caseins Breeding and Milking Cows for Milk Free of Beta-Casein A1

9 May 2016

Australia, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Ireland, Italy, Netherlands, New Zealand, Sweden, Switzerland, UK, USA

Prophylactic Dietary Supplement Based on Milk

29 June 2020

Australia, China, New Zealand

Animal Genotyping Method

23 May 2023

Australia, Canada, China, Hong Kong, India, Japan, New Zealand, Singapore, South Korea, USA, Vietnam

Method for Altering Fatty Acid Composition of Milk

3 July 2023

Australia, Canada, China, Hong Kong, India, Japan, New Zealand, Singapore, South Korea, USA, Vietnam

Therapeutic Uses of Beta-Casein A2 and Dietary Supplement Containing Beta-Casein A2
A Composition Comprising Beta-Casein

3 October 2023

Canada, China, Czech Republic, Denmark, Finland, France, Germany, Hong Kong, India, Ireland, Italy, Japan, the Netherlands, New Zealand, Singapore, South Korea, Spain, Sweden, Switzerland, UK, Vietnam

Beta-Casein A2 and Prevention of Inflammation of the Bowel

20 May 2034

International (PCT) Application – Territories to be nominated

Beta-Casein A2 and Reducing or Preventing Symptoms of Lactose Intolerance

10 July 2034

International (PCT) Application – Territories to be nominated

Beta-Casein A2 and Blood Glucose Levels

22 August 2034

International (PCT) Application – Territories to be nominated

SOURCE: COMPANY DATA

In Nov’15 arguably one of the more important elements of the patent protection expired in New Zealand, which was the method for testing milk for the presence of A1 Protein, this patent will remain in place in the US until 2017. In practice the patent was co-owned with Fonterra and the fact that Fonterra had never pursued an A1 protein free product range suggests that there is more protection in place for the a2 range than simply one patent. We suspect the more important element of the protection is likely around the herd testing and selection protections, with one of these patents lasting through to 2023.