Philip Morris International Fails to Invalidate British American Tobacco Unit’s Vape Patent

Nov.10

The European Patent Office’s Board of Appeal upheld British American Tobacco’s Nicoventures Trading Ltd. vape patent, rejecting Philip Morris International’s objections. The board ruled that the patent’s use of predefined heater activation parameters not based on user puffs was novel and valid.

Key Points

EPO Board of Appeal upholds Nicoventures’ vape patent EP3354144.
The patent covers heater activation not based on user puff counts.
Board confirms “no combustion” heating was disclosed in parent filing.
Philip Morris International’s objections over insulation and time parameters rejected.
Ongoing litigation continues between BAT and Philip Morris International over e-cigarette patents.

2Firsts, November 10, 2025 — According to Law360, the European Patent Office’s Board of Appeal rejected the challenge by Philip Morris Products S.A. against British American Tobacco subsidiary Nicoventures Trading Ltd., upholding its vape patent EP3354144. The board found that using predetermined parameters for activating the heater, independent of puff counts, was inventive.

Philip Morris International argued that certain features, including thermal insulation design and the “no combustion” heating method, were not supported by the original filing. The board disagreed, ruling that the parent application disclosed vaporization without burning and referenced insulation in general terms.

The board also determined that “predetermined period of use” referred to a fixed timeframe rather than a puff-based duration, making it distinct from previous patents. Philip Morris International’s additional objections were dismissed.

Nicoventures was represented by Dehns, and Philip Morris Products S.A. by Abitz & Partner. The case is T 1128/23 - 3.2.01 before the EPO Boards of Appeal.

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References:

[1] Philip Morris Fails To Nix British American Unit's Vape Patent

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