EPO Invalidates Philip Morris Heated Tobacco Patent After Imperial Brands Challenge

Oct.11.2025
EPO Invalidates Philip Morris Heated Tobacco Patent After Imperial Brands Challenge
The European Patent Office invalidated Philip Morris International’s heated tobacco patent, ruling it lacked inventiveness after a challenge by Imperial Brands’ subsidiary Fontem Ventures BV.

Key Takeaways

 

  • Philip Morris International (PMI)’s heated tobacco patent was invalidated due to a lack of inventiveness.
  • The challenger was Fontem Ventures BV, a subsidiary of Imperial Brands (owner of the Blu e-cigarette brand).
  • The European Patent Office’s (EPO) Board of Appeal ruled that the patent was too similar to an earlier U.S. aerosol patent.
  • Case number: T 0258/24, involving patent EP2654470.

 

2Firsts, October 11, 2025 — According to Law360, a Philip Morris International (PMI) patent for heated tobacco technology has been invalidated by the European Patent Office’s Board of Appeal following a challenge from Fontem Ventures BV, a subsidiary of Imperial Brands (IMB). The board ruled that the patent lacked inventiveness. The decision was made on September 12 and published on October 10.

 

Case Overview

 

The patent in question, EP2654470, is held by Philip Morris Products SA, a wholly owned subsidiary of PMI. It covers a device technology that generates aerosols by heating liquids. Fontem argued before the EPO’s Board of Appeal that the patent was too similar to an earlier U.S. aerosol generator patent and therefore not innovative.

 

The Board found that the only substantial difference between PMI’s invention and the earlier patent lay in how the system detected the amount of liquid remaining:

 

  • PMI’s system estimated remaining liquid based on the number of puffs taken.
  • The earlier patent determined it by measuring the amount of liquid consumed per inhalation.

 

According to the Board, the only way to estimate the remaining liquid is by subtracting the amount consumed from the initial quantity. Therefore, combining the earlier patent with common technical knowledge would allow a skilled person to arrive at the same solution without creativity. The ruling stated:

 

“To estimate the remaining liquid amount, one simply calculates or estimates the liquid consumed in each heating cycle and subtracts it from the initial amount.”

 

Appeal and Ruling Details

 

Fontem Ventures BV successfully convinced the Board that PMI’s patent lacked genuine innovation over the earlier U.S. patent. Even if PMI’s design differed slightly, combining it with another prior art—an early medical inhaler patent—still would not constitute an inventive step.

 

The Board reasoned that a skilled technician would naturally reference the inhaler patent to address user-experience challenges, such as notifying users when to refill liquid. It further noted that whether the inhaler patent involved a heating element was “irrelevant,” as both inhalers and heated tobacco devices face the same issue of liquid-level detection.

 

Parties and Legal Representatives

 

In addition to Fontem, JT International SA (owner of brands including Camel, Silk Cut, and Nordic Spirit) also filed an opposition against the PMI patent but did not join Fontem’s appeal against the EPO’s decision to maintain the amended version of the patent.

The involved parties were represented by the following law firms:

 

  • Fontem Ventures BV: Gulde & Partner Patent- und Rechtsanwaltskanzlei mbB
  • JT International SA: Gill Jennings & Every LLP
  • Philip Morris Products SA: HGF Ltd

 

The case, numbered T 0258/24, was heard by the Technical Board of Appeal of the European Patent Office.

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Spanish Congress Health Committee Approves Motion to Restrict Vape and Nicotine Pouch Sales to Authorized Channels
Spanish Congress Health Committee Approves Motion to Restrict Vape and Nicotine Pouch Sales to Authorized Channels
Spain’s Congress Health Committee has approved a non-binding motion calling for the sale of vapes, nicotine pouches, and related products to be limited to regulated authorized channels, excluding internet sales and non-specialized stores. The motion was introduced by the Socialist Parliamentary Group and approved after a negotiated text with the Popular Party.
Apr.15 by 2FIRSTS.ai
UK Vape Waste Falls 23% From 2024, but Recycling Group Says Fire Risks Remain High
UK Vape Waste Falls 23% From 2024, but Recycling Group Says Fire Risks Remain High
New research from UK recycling campaign group Material Focus says more than 6.3 million vapes and pods are still thrown away each week in the UK. The figure is down 23% from 8.2 million in 2024, which the group said suggests the June 2025 single-use vape ban has helped reduce waste, but it warned that the current level still represents a major waste of valuable materials and a significant fire risk.
Mar.27 by 2FIRSTS.ai
Japan Tobacco Launches Nordic Spirit Nicotine Pouches in Japan; Nationwide Rollout Starts April 6
Japan Tobacco Launches Nordic Spirit Nicotine Pouches in Japan; Nationwide Rollout Starts April 6
Japan Tobacco (JT) has introduced the new Nordic Spirit nicotine pouch brand in Japan. The Cola Fizz Medium flavor began early sales on March 3, 2026 via the CLUB JT online shop, and will be rolled out sequentially from April 6 through nationwide channels including 7-Eleven, Lawson, and NewDays. The Berry Mix Medium flavor is expected to launch on CLUB JT around mid-March.
Mar.04 by 2FIRSTS.ai
Illegal Trade in Tobacco and E-Cigarettes Continues to Rise in Germany, BVTE and BDZ Call for Enforceable Regulation
Illegal Trade in Tobacco and E-Cigarettes Continues to Rise in Germany, BVTE and BDZ Call for Enforceable Regulation
BVTE and BDZ said at a joint press conference in Berlin on March 10 that illegal trade in tobacco products, e-cigarettes and other nicotine products continues to grow in Germany, posing challenges to the rule of law, youth protection, consumer protection and state fiscal authority. The groups said there is still no reliable overall statistic for the illegal trade in tobacco products, e-cigarettes, nicotine pouches and oral nicotine products.
Mar.12 by 2FIRSTS.ai
Product | GEEKBAR MATE 60K Launches in U.S. Channels With 15ml E-Liquid and Up to 60,000 Puffs
Product | GEEKBAR MATE 60K Launches in U.S. Channels With 15ml E-Liquid and Up to 60,000 Puffs
E-cigarette brand GEEKBAR has recently launched its new product, the GEEKBAR MATE 60K, on its official website. The product adopts a pod-based system, consisting of a reusable 900mAh device and a pod prefilled with 15ml of e-liquid and equipped with a built-in 200mAh battery, bringing the total battery capacity to 1100mAh. It supports both Regular and Pulse modes.
Mar.30 by 2FIRSTS.ai
PMI Sells Stake in Swedish Match Brazil Business, Including Fiat Lux Brand
PMI Sells Stake in Swedish Match Brazil Business, Including Fiat Lux Brand
Philip Morris International said it is selling its stake in Swedish Match do Brasil, which controls the Brazilian household goods brand Fiat Lux. The buyer is Ignis FIP, a Brazilian private investment vehicle backed by businessman Marcos Fernando Garms. The transaction also includes Swedish Match da Amazônia, but the value of the deal was not disclosed. PMI said the sale is aligned with its vision of a smoke-free future.
Mar.20 by 2FIRSTS.ai