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NINA has undertaken a rigorous business development strategy based upon IP Protection.

The Company has passed through all IP Australia and international Patent Co-operation Treaty (PCT) processes, including

-preliminary application to establish a priority date (30 July 2010)
-International type searches
-International (WIPO) patentability assessment and opinion.

This opinion assessed all 47 claims as Novel, Involving an Inventive Step and of Industrial Applicability and as a result all claims are eligible for patenting.

NINA has filed and paid for National Phase Applications in Australia (Patent Application Number 2011284803, the USA (Application Docket No. 13/575,992), Europe, China, India, Brazil and Indonesia (attorneys appointed and fees paid) and we have sought an extension for filing in Canada.

An accelerated assessment has been sought and paid for from IP Australia which should see acceptance within 10 months and grant expected 3 months later. These filings cover economies representing 65% of global GDP and 55% of the global population. All are either urbanized or undergoing a rapid process of urbanization.

The NINA Access Pathway business model is supported by many powerful intellectual property claims which make alternatives very difficult:

(i) Claim 1- Base channel defines a channel architecture which allows for the accommodation of trunk lines and local distribution lines and occupies the curb lines. No alternative location exists.

(ii) Claim 6 defines the variable profile covers which enables the NINA Access Pathway to be adapted to all practical curb shapes. Without this claim a similar concept of lidded channels would not work.

(iii) Claim 22 defines a service distribution box or node element which permits entry and exit from the main ducting channels to the open sided supply channels. The open sided supply channels permit the location of access links into households and properties which cross the pathway, not run along it. This permits access over established legacy lines and allows the feeder lines from houses to enter and exit the open sided supply channels, thereby removing the need to dig up footpaths once installed.

(iv) Claims 45- 47 are for ducting systems “adapted to supply an end user” with “any one of the following types of utility service: (i) power; (ii) gas; (iii) water; and (iv) data/telecommunications (copper, fibre optical cable or coaxial cable) and the isolation of rain and run-off water from contact with water captured from the road water run-off flanges (gutters) (Cl.47).

(v) This separation of clean rainwater from contaminated water is potentially the most powerful economically and environmentally substantive features of the NINA Access Pathway. It holds the possibility of water sustainability for urban environments.

The NINA Access Pathway has had all 47 of its claims assessed as novel (PCT Article 33(2)), involving an inventive step (PCT Article 33(3)) and of industrial applicability (PCT Article 33(4)) by the World Intellectual Property Office. Compliance with all 3 Articles is necessary for grant of Patent.


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