The subsidiary of British American Tobacco (BAT), Nicoventures Trading Ltd., has won an appeal against the European Patent Office (EPO). The appeal committee ruled that the first-instance opposition department had committed significant procedural violations when it revoked the related patent cases of vapes in 2023. The department only reviewed 4 out of 17 amendment requests, infringing upon the hearing rights of the complainant. The committee ordered the opposition department to re-examine the case.
Key Points Summary
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The subsidiary of British American Tobacco (BAT), Nicoventures, successfully appealed against the patent for electronic smoking devices.
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The Appeal Board of the European Patent Office ruled that there were “significant procedural violations” in the first instance.
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The first instance only examined 4 out of 17 amendment applications, ignoring the remaining 13.
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The patent number is EP 3 357 356, which relates to the technology of electronic smoking devices.
Background of the Legal Dispute
December 9, 2025 — According to Law360, the subsidiary of British American Tobacco (BAT), Nicoventures Trading Ltd., has achieved a crucial victory in the patent dispute with Philip Morris Products SA.
Appeal Board Finds Serious Procedural Errors
The Appeal Board of the European Patent Office (EPO) ruled that the opposition department made serious procedural errors when it revoked Nicoventures’ vape patent in 2023, and the case must be reheard.
Violation of the Right to Be Heard
The ruling states that the appeal department only reviewed the first four of the 17 amendment applications submitted by Nicoventures to save the intellectual property rights, but did not assess or provide reasons for the remaining 13 applications. “Since the judgment did not address the appellant’s arguments regarding the fourth to the seventeenth supplementary requests, the committee believes that its hearing rights have been violated,” the Appeal Committee wrote in its judgment issued on November 26.
Patent Scope and Technical Background
The involved patent (EP 3 357 356) pertains to a derivative patent of a vape device. The opposition department previously determined that the patent claims exceeded the scope of the parent case and lacked novelty, and thus revoked the patent in 2023. Nicoventures appealed and submitted over ten amendment proposals to address the opposition.
Case Sent Back for Re-Examination
The appeal committee held that the first instance failed to adequately examine these amendment requests, which constituted a “significant procedural violation”. It emphasized that some of the amendments might have addressed the main objections. The committee requested the opposition department to re-evaluate the relevant technical features and patentability.
Ongoing Patent Battle With Philip Morris
Philip Morris Products Company, along with another law firm and individuals, had previously opposed this patent. The two companies have been engaged in a long-term battle over technical patents with the European Patent Office. Recently, Nicoventures also successfully challenged a patent of Philip Morris regarding a temperature-controlled safe electronic cigarette.
Case Reference Details
The case number is T 0645/23 – 3.5.01, which the Appeal Board of the European Patent Office has accepted.
