Key Points
- Nicoventures wins EPO appeal over vape patent EP 3 357 356.
- EPO board finds procedural violation: only 4 of 17 requests were examined.
- Philip Morris’ opposition dismissed; case remanded for new review.
- The ruling underscores intense IP battles between BAT and PMI.
- Appeal case reference: T 0645/23 - 3.5.01 before the EPO Boards of Appeal.
2Firsts, December 9, 2025 –According to Law360, Nicoventures Trading Ltd., a subsidiary of British American Tobacco, has convinced European appellate officials that it deserves a second chance at securing its vaping device patent, after the European Patent Office (EPO) found that procedural errors had undermined its previous hearing.
In its ruling dated November 26 and made public this week, the EPO Board of Appeal held that the Opposition Division had failed to consider 13 of the 17 auxiliary requests submitted by Nicoventures. “Since the decision does not deal with the appellant’s arguments in respect of auxiliary requests 4 to 17, the board judges that the appellant’s right to be heard has been violated,” the board wrote.
The Opposition Division had revoked Nicoventures’ divisional patent in 2023, citing lack of novelty and added subject matter. Nicoventures appealed, submitting more than a dozen additional amendments that could address those objections. The board agreed that one of the unexamined requests might have resolved the division’s concerns, warranting a full reconsideration.
The case—EP 3 357 356, T 0645/23 - 3.5.01—was opposed by Philip Morris Products SA, a law firm, and an individual. The ruling marks another milestone in the ongoing intellectual property battle between BAT and Philip Morris over next-generation nicotine delivery technologies.
Photo credit: Law360
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