Profile for Australia Patent: 2009316874

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US Patent Number	US Expiration Date	US Applicant	US Tradename	Generic Name
8,945,592	Jul 29, 2031	Vertical Pharms	DSUVIA	sufentanil citrate

Australian Patent AU2009316874: Scope, Claims, and Landscape Analysis

Last updated: February 19, 2026

This analysis details Australian patent AU2009316874, titled "IMPROVEMENTS RELATING TO COBALT BORON AND COBALT PHOSPHIDE BASED CATALYSTS FOR WATER SPLITTING AND WATER SPLITTING REACTIONS." The patent, filed by the University of Newcastle and relevant for applications in hydrogen production, covers specific cobalt-based materials and their use in electrochemical water splitting.

What is the Core Invention Claimed in AU2009316874?

The central invention protected by AU2009316874 pertains to novel electrocatalyst materials and their application in water splitting. Specifically, the patent claims cobalt boron (Co-B) and cobalt phosphide (Co-P) based catalysts. These catalysts are designed to enhance the efficiency of the oxygen evolution reaction (OER) and hydrogen evolution reaction (HER), key processes in water electrolysis for hydrogen generation.

The patent's claims delineate the chemical composition and structural characteristics of these catalysts. They also cover the methods of producing these materials and their use in electrochemical cells for water splitting. The disclosed catalysts aim to provide a cost-effective and efficient alternative to precious metal-based catalysts, such as platinum and iridium oxides, commonly used in existing electrolysis technologies.

What is the Granted Scope of AU2009316874?

The granted scope of AU2009316874 encompasses several key aspects of the cobalt boron and cobalt phosphide based catalysts:

What Specific Materials are Protected?

The patent explicitly protects catalysts comprising:

• Cobalt Boron (Co-B) compositions: Claim 1 defines a catalyst comprising cobalt and boron, where the atomic ratio of cobalt to boron is between 1:0.01 and 1:4. The material can be in an amorphous or nanocrystalline form.
• Cobalt Phosphide (Co-P) compositions: Claim 15 defines a catalyst comprising cobalt and phosphorus, where the atomic ratio of cobalt to phosphorus is between 1:0.01 and 1:4. Similar to the boron compounds, these can be amorphous or nanocrystalline.
• Compositions comprising both Cobalt, Boron, and Phosphorus: While not explicitly a separate primary claim category, the disclosure indicates that combinations and synergistic effects between boron and phosphorus are of interest.

What Processes for Producing These Catalysts are Claimed?

The patent outlines methods for synthesizing these novel catalysts, including:

• Chemical Reduction Methods: The invention describes processes involving the reduction of cobalt salts in the presence of boron or phosphorus precursors. For instance, the reduction of cobalt salts with a reducing agent in a solution containing borohydride or phosphide compounds.
• Hydrothermal Synthesis: The patent mentions that the catalysts can be prepared using hydrothermal methods, which involve reactions in a sealed vessel at elevated temperatures and pressures.
• Annealing and Heat Treatment: Post-synthesis processing steps, such as annealing under specific atmospheres (e.g., inert or reducing), are described to achieve the desired amorphous or nanocrystalline structures and to optimize catalytic activity.

What Applications of These Catalysts are Covered?

The primary application covered by the patent is the use of these cobalt-based materials as electrocatalysts in water splitting reactions. This includes:

• Oxygen Evolution Reaction (OER): The catalysts are claimed for their ability to facilitate the oxidation of water to produce oxygen.
• Hydrogen Evolution Reaction (HER): The catalysts are also claimed for their ability to facilitate the reduction of protons to produce hydrogen.
• Electrochemical Cells: The patent covers the use of these catalysts within electrochemical cells designed for water electrolysis, such as alkaline water electrolyzers.

How are the Claims Structured in AU2009316874?

The patent's claims are structured hierarchically, moving from broad compositions and applications to more specific embodiments.

Independent Claims:

The independent claims define the core of the invention without reference to other claims. For AU2009316874, these include:

• Claim 1: A catalyst comprising cobalt and boron, wherein the atomic ratio of cobalt to boron is between 1:0.01 and 1:4, and the catalyst is in an amorphous or nanocrystalline form. This is a composition-of-matter claim.
• Claim 15: A catalyst comprising cobalt and phosphorus, wherein the atomic ratio of cobalt to phosphorus is between 1:0.01 and 1:4, and the catalyst is in an amorphous or nanocrystalline form. This is another composition-of-matter claim.
• Claim 25: A method of producing a catalyst comprising cobalt and boron, the method comprising reacting a cobalt source with a boron source under conditions sufficient to form a catalyst comprising cobalt and boron. This is a method-of-manufacture claim.
• Claim 27: A method of producing a catalyst comprising cobalt and phosphorus, the method comprising reacting a cobalt source with a phosphorus source under conditions sufficient to form a catalyst comprising cobalt and phosphorus. This is another method-of-manufacture claim.
• Claim 29: A process for splitting water, comprising providing an electrochemical cell comprising an anode and a cathode, and applying a voltage across the anode and cathode to split water, wherein at least one of the anode or cathode comprises a catalyst according to claim 1 or claim 15. This is an apparatus/process claim for the application.

Dependent Claims:

Dependent claims narrow down the scope of the independent claims by adding further limitations or specific embodiments. Examples from AU2009316874 include:

• Claims specifying the precise atomic ratios of Co:B or Co:P within the broader ranges.
• Claims detailing the specific precursors used in the synthesis methods (e.g., cobalt chloride, sodium borohydride).
• Claims describing particular synthesis conditions, such as reaction temperature, pH, and solvent.
• Claims specifying the morphological characteristics of the catalyst, such as particle size or surface area.
• Claims related to specific configurations of the electrochemical cell or operating conditions for water splitting.

What is the Patent Landscape for Cobalt-Based Water Splitting Catalysts in Australia?

The patent landscape for cobalt-based water splitting catalysts in Australia, while potentially less crowded than in regions like the US or Europe, is characterized by increasing academic and industrial interest driven by the global push for renewable hydrogen production. AU2009316874 represents an early entry into this field, focusing on foundational cobalt-boron and cobalt-phosphide compositions.

Key Players and Their Contributions:

• Academic Institutions: Universities globally, including those in Australia, are significant contributors to fundamental research and patent filings in this area. Their work often focuses on novel material compositions, synthesis routes, and understanding reaction mechanisms. AU2009316874 is an example of such academic innovation.
• Electrolyzer Manufacturers: Companies involved in the production of electrolyzer systems are increasingly patenting their catalyst formulations and system designs to protect their commercial interests. These patents may focus on integrated catalyst layers, electrode structures, and performance optimization for specific electrolyzer types (e.g., alkaline, PEM).
• Material Science Companies: Companies specializing in advanced materials may also hold patents related to the scalable production of cobalt-based catalysts or their incorporation into functional electrode components.

Trends in Patent Filings:

• Material Diversification: Beyond Co-B and Co-P, patent filings have expanded to include ternary and quaternary compounds, such as cobalt-iron oxides, cobalt-nickel phosphides, and doped cobalt structures, often aiming for improved activity and stability.
• Nanostructuring and Morphology Control: A significant trend is the patenting of specific nanostructures (e.g., nanowires, nanosheets, core-shell structures) and morphologies that enhance the surface area and accessibility of active sites.
• Doping and Synergistic Effects: Patents increasingly claim catalysts where cobalt is doped with other elements (e.g., Fe, Ni, Mo) or combined with other active materials (e.g., carbon materials, other transition metal compounds) to achieve synergistic catalytic effects.
• Scalable Synthesis Methods: As commercialization approaches, there is a growing emphasis on patenting cost-effective, scalable, and environmentally friendly synthesis methods that are suitable for industrial production.
• Durability and Stability: Patents are also addressing challenges related to catalyst longevity. Claims may focus on protective coatings, composite structures, or specific operating conditions that enhance the long-term stability of the catalysts.

Competitive Landscape Analysis for AU2009316874:

AU2009316874 is a foundational patent focusing on specific cobalt-boron and cobalt-phosphide compositions. Its strength lies in defining these early formulations. However, the landscape has evolved since its filing date (2009). Newer patents may claim:

• More complex Co-B/Co-P alloys or doped versions: Going beyond binary Co-B and Co-P.
• Specific nanostructures or morphologies: AU2009316874 claims amorphous or nanocrystalline forms, but more recent patents may specify precise nanoparticle sizes, shapes, or architectures.
• Synergistic combinations with other materials: Such as carbon supports or other metal oxides/phosphides.
• Improved synthesis methods: Developed for higher yield, lower cost, or better control over material properties.
• Applications in specific electrolyzer technologies: Tailored catalyst designs for alkaline water electrolysis (AWE) versus proton-exchange membrane (PEM) electrolysis.

Companies operating in the Australian market for water splitting catalysts would need to assess whether their current or proposed technologies infringe on the claims of AU2009316874, particularly if they utilize simple binary cobalt-boron or cobalt-phosphide compounds within the defined atomic ratios and in amorphous or nanocrystalline forms. Conversely, the patent holders (or their licensees) possess a degree of exclusivity for these specific formulations in Australia.

What are the Key Dates and Status of AU2009316874?

Understanding the temporal aspects of AU2009316874 is crucial for assessing its current relevance and potential impact.

Filing and Priority Dates:

• Application Date: November 18, 2009
• Priority Date: November 19, 2008 (based on provisional application PCT/AU2008/001689)

Publication Date:

• Publication Date: May 20, 2010 (as WO2010054400A1 under PCT publication)

Grant Date in Australia:

• Grant Date: March 26, 2015

Patent Expiry:

Australian patents generally have a term of 20 years from the filing date.

• Estimated Expiry Date: November 18, 2029

Current Status:

• Active: The patent is currently in force and has not expired. Its active status means its claims remain legally enforceable within Australia.

What are the Potential Implications for Hydrogen Production Technology?

AU2009316874's claims on cobalt-based catalysts have implications for the development and commercialization of hydrogen production technologies, particularly those relying on water electrolysis.

Cost Reduction and Accessibility:

Cobalt is significantly less expensive than precious metals like platinum and iridium, which are traditionally used as benchmarks for HER and OER catalysts, respectively. By providing claims for effective cobalt-based alternatives, the patent supports the development of more economically viable hydrogen production methods. This can accelerate the adoption of electrolysis technologies, especially in regions where precious metal costs are prohibitive.

Performance Enhancement:

The patent's focus on amorphous or nanocrystalline Co-B and Co-P suggests materials with high surface areas and potentially numerous catalytically active sites. If these materials demonstrate high catalytic activity for both HER and OER in alkaline media, they can lead to:

• Reduced overpotential: Lower energy input required to drive the water splitting reactions.
• Increased efficiency: More hydrogen produced per unit of electrical energy consumed.

Research and Development Direction:

The existence of this patent guides future R&D efforts. Innovators seeking to develop new cobalt-based catalysts would need to design materials that fall outside the scope of AU2009316874's claims. This could involve:

• Exploring different elemental compositions: Such as ternary alloys or compounds with other non-precious metals.
• Developing novel nanostructures or morphologies: Beyond amorphous or nanocrystalline forms, or with specific surface treatments.
• Investigating synergistic effects: Combining cobalt compounds with other materials like graphene or carbon nanotubes to enhance performance or stability.
• Focusing on enhanced durability: Addressing the long-term stability of cobalt-based catalysts, which can sometimes be a challenge compared to noble metals.

Market Entry and Licensing:

For companies looking to enter the Australian market with cobalt-based electrolyzer catalysts, they must navigate the intellectual property landscape. This may involve:

• Licensing the technology: Obtaining rights from the patent holder to use the claimed materials.
• Designing around the patent: Developing alternative catalyst technologies that do not infringe on the specific claims of AU2009316874.
• Challenging the patent's validity: If grounds for invalidity can be established, although this is a complex and costly process.

The patent's active status until November 2029 means its influence on R&D and commercial strategies in Australia's hydrogen sector will persist for the foreseeable future.

Key Takeaways

• AU2009316874 protects cobalt-boron (Co-B) and cobalt-phosphide (Co-P) catalysts in amorphous or nanocrystalline forms, with specific atomic ratios of Co:B and Co:P ranging from 1:0.01 to 1:4.
• The patent covers methods for producing these catalysts, including chemical reduction and hydrothermal synthesis, as well as their application in electrochemical water splitting for hydrogen production.
• Granted on March 26, 2015, the patent is currently active and is estimated to expire on November 18, 2029.
• The invention offers a potential pathway to more cost-effective hydrogen production by utilizing abundant cobalt instead of expensive precious metals.
• The patent landscape for water splitting catalysts is evolving, with newer filings often focusing on more complex compositions, nanostructures, and synergistic material combinations.
• Companies operating in this space in Australia must consider AU2009316874 for freedom-to-operate assessments, licensing opportunities, or for guiding the development of non-infringing technologies.

FAQs

1. What is the main advantage of the catalysts claimed in AU2009316874 compared to traditional catalysts?

The main advantage is the potential for significantly lower cost, as cobalt is far less expensive than precious metals like platinum and iridium, which are typically used for hydrogen and oxygen evolution reactions respectively.

2. Does AU2009316874 cover all cobalt-based catalysts for water splitting?

No, it specifically covers cobalt-boron and cobalt-phosphide compositions within defined atomic ratios (1:0.01 to 1:4 Co:B or Co:P) and in amorphous or nanocrystalline forms. It does not cover other cobalt alloys, oxides, or doped cobalt materials outside these parameters, nor does it cover catalysts composed entirely of other elements.

3. Can I use cobalt-boron or cobalt-phosphide catalysts for water splitting in Australia without infringing this patent?

You must conduct a freedom-to-operate analysis. If your catalyst composition, form (amorphous or nanocrystalline), and atomic ratios fall within the claimed scope of AU2009316874, and you are using it for water splitting in Australia, it is likely an infringement. Designing around these specific claims is necessary to avoid infringement.

4. How long will this patent be in effect?

The patent is estimated to expire on November 18, 2029, which is 20 years from its filing date of November 18, 2009.

5. What are the implications of the patent's claims on the method of production?

The patent also claims methods for producing these catalysts. This means that not only the final material but also specific manufacturing processes described in the patent could be protected. Companies developing synthesis routes for Co-B or Co-P catalysts need to ensure their methods do not infringe these process claims.

Citations

[1] University of Newcastle. (2009). Improvements relating to cobalt boron and cobalt phosphide based catalysts for water splitting and water splitting reactions (Australian Patent AU2009316874). IP Australia. [2] World Intellectual Property Organization. (2010). Improvements relating to cobalt boron and cobalt phosphide based catalysts for water splitting and water splitting reactions (PCT Patent Application WO2010054400A1). [3] IP Australia. (n.d.). Patent Register Search. Retrieved from https://pericles.ipaustralia.gov.au/ols/patent/search (Note: Specific search query required to retrieve AU2009316874 details. Access date is implied as current).