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

BAT New Categories Revenue Rises 18% in H1 2026 as Broad Portfolio Offers More Ways to Win—and Lose
BAT New Categories Revenue Rises 18% in H1 2026 as Broad Portfolio Offers More Ways to Win—and Lose
British American Tobacco’s New Category revenue rose 18% at constant rates in the first half of 2026. Nicotine-pouch brand Velo expanded rapidly, while Vuse recovered as U.S. enforcement against illicit e-vapor products strengthened. Heated-tobacco platform glo remained under pressure, and cigarettes continued to provide most of the group’s profit and cash. Compared with PMI and JT, BAT has more routes to growth—but also greater regulatory, investment and execution risks across its broader portfolio.
BAT
Jul.30
As JUUL2 Wins FDA Authorization, Harm Reduction Journal Highlights the Role of Real-World Evidence in Nicotine Product Regulation
As JUUL2 Wins FDA Authorization, Harm Reduction Journal Highlights the Role of Real-World Evidence in Nicotine Product Regulation
A commentary published in the international open-access, peer-reviewed Harm Reduction Journal argues that randomized controlled trials remain central to evaluating smoking cessation efficacy but cannot alone capture real-world uptake, complete switching, longer-term use and population impact of non-combustible nicotine products such as e-cigarettes, heated tobacco and nicotine pouches. The authors frame impact as “reach × efficacy” and call for real-world evidence to complement RCTs. Three days after publication, the FDA authorized three JUUL2 products and highlighted complete switching among adult smokers in explaining its decision, providing a timely regulatory backdrop to the debate.
Sep.08
STIIIZY Redesign Fails to Escape PAX Labs Patent Import Ban as Section 337 Case Also Involves China ALD
STIIIZY Redesign Fails to Escape PAX Labs Patent Import Ban as Section 337 Case Also Involves China ALD
U.S. Customs and Border Protection ruled that STIIIZY had not shown that the redesigned cannabis-vape products covered by its latest request fall outside an ITC limited exclusion order tied to PAX Labs patents. CBP accepted some of STIIIZY’s claim-construction and non-infringement arguments, but the company did not address two additional claims in the same patent. Earlier STIIIZY redesigned cartridges and certain associated components imported with them had received separate CBP clearance.
Sep.16
PMI Expands Colorado Investment to $1.2 Billion to Boost ZYN Nicotine Pouch Production
PMI Expands Colorado Investment to $1.2 Billion to Boost ZYN Nicotine Pouch Production
Philip Morris International (PMI) is expanding its investment in its Golden, Colorado campus, bringing total investment to approximately $1.2 billion to support its smoke-free products business. The investment will strengthen PMI’s research, production and innovation capabilities in smoke-free products. As one of the world’s largest tobacco companies, PMI has continued advancing its “Smoke-Free Future” strategy through heated tobacco, oral nicotine and other reduced-risk product categories.
PMI
Jul.28
Ireland’s Vape Tax Raises €22 Million in Nine Months as Government Considers 2027 Budget Changes
Ireland’s Vape Tax Raises €22 Million in Nine Months as Government Considers 2027 Budget Changes
According to Irish media outlets Highland Radio and BreakingNews.ie, the Irish government is considering whether to adjust vape tax policy in the 2027 Budget. The tax has generated about €22 million ($24 million) in revenue during its first nine months. While no increase has been confirmed, the revenue performance could influence future fiscal discussions. Any tax rise could increase product costs and potentially affect retail prices.
Aug.12
Canadian Court Allows Juul and Altria Vape Class Action to Move Forward Over Youth Marketing Claims
Canadian Court Allows Juul and Altria Vape Class Action to Move Forward Over Youth Marketing Claims
A Quebec Superior Court has allowed a class action lawsuit against Juul Labs and Altria Group related to vaping products to proceed, involving allegations concerning marketing practices, youth exposure and corporate responsibility. The ruling only allows the case to move forward and does not represent a finding that Juul or Altria are legally liable. The case highlights continued legal risks facing vape companies regarding product marketing, youth protection and corporate accountability.
Jul.28