By Timothy S. Donahue

Top Takeaways:

• Patent upheld: The European Patent Office (EPO) rejected Imperial Tobacco’s attempt to invalidate a Philip Morris patent covering technology for monitoring heating in an aerosol-generating device.
• Prior-art argument rejected: European officials concluded that the earlier technology cited by Imperial did not disclose the same technical features claimed in the Philip Morris invention.
• Ongoing IP battle: The decision is the latest in a series of patent disputes among major tobacco companies as competition intensifies in the heated tobacco and other next-generation nicotine technologies.

European patent officials have rejected Imperial Tobacco’s attempt to invalidate a Philip Morris International patent covering technology used in an aerosol-generating device, marking another intellectual property win for the company amid intensifying competition for next-generation nicotine products.

The ruling came from the European Patent Office’s Boards of Appeal, which dismissed Imperial’s challenge. Imperial argued that the invention lacked an inventive step because it was anticipated by earlier technology, but the board found that the prior art cited by the company did not disclose the same combination of technical features claimed in the patent.

According to the decision, the design cited earlier differed in key respects from Philip Morris’ patented invention.

The decision underscores the growing importance of intellectual property in the next-generation nicotine delivery sector, where manufacturers continue to invest heavily in heated tobacco products, e-cigarettes, and other aerosol-generating technologies.

Philip Morris has built one of the industry’s largest patent portfolios focused on its smoke-free technologies, particularly the IQOS heated tobacco platform.

The latest ruling is part of a series of patent disputes among major tobacco companies.

In recent years, Philip Morris, British American Tobacco, Japan Tobacco, and Imperial Brands have all challenged each other’s patents before the European Patent Office, covering technologies ranging from heated tobacco systems and inductive heating arrangements to inhaler devices and tobacco rod manufacturing methods.