By Timothy S. Donahue
Top Takeaways:
- Patent revoked: British American Tobacco has successfully challenged a Japan Tobacco patent covering a non-combustion flavor inhaler after the European Patent Office’s Boards of Appeal revoked the patent.
- Prior-art dispute: The case centered on whether the claimed invention was supported by the original application, with the appeal ultimately ending in revocation after Japan Tobacco withdrew its approval of the patent text during the proceedings.
- Continuing IP battle: The decision is the latest in a series of European patent disputes among major tobacco companies as manufacturers seek to protect vaping and heated tobacco technologies.
The patent battle continues.
British American Tobacco has secured another intellectual property victory in Europe after successfully challenging a Japan Tobacco Inc. patent on a vaping device, adding to a growing series of legal disputes among the world’s largest tobacco companies over next-generation nicotine technologies.
According to a recent decision by the European Patent Office’s Boards of Appeal, the patent for a “non-combustion flavor inhaler” owned by Japan Tobacco was revoked after the patent proprietor withdrew its agreement to the patent’s text during the appeal proceedings. Under the European Patent Convention, the Board had no option but to revoke the patent.
BAT, through its subsidiary Imperial Tobacco Limited, opposed the patent alongside Philip Morris Products S.A., with both companies seeking its revocation. The patent, filed under application number 21166610.2, covered technology intended to improve the usability of a non-combustion inhalation device.
The ruling follows another recent European patent victory for the same parties. Earlier this year, BAT and Philip Morris successfully overturned a rival vape patent after the Board of Appeal found that an earlier device disclosed the key electrical contact features claimed in the invention.
