Multiple sclerosis therapies are the subject of two of the most opposed patents of 2023. Novartis’ EP2959894 is notable from a patent attorney perspective not only because it’s the subject of 23 oppositions, but also because it contains only about three pages of text and has just one claim. While Novartis’ patent is directed to Gilenya®, Biogen’s EP2653873 (opposed by 14 parties) protects Tecfidera®.
Traditionally*, our annual table of most opposed European patents is dominated by therapeutics cases, with most of the remaining places filled by platform patents for techniques like CRISPR gene editing and biotherapeutic manufacturing.
However, this year’s table suggests that EPO oppositions are becoming more frequently used outside the life sciences and med tech industries. For example, 11 oppositions were filed against Lubrizol’s patent concerned with battery technology, and eight oppositions were filed against Changchun’s train operation system patent.
The opposition activity against patents protecting battery technology is consistent with the increasing value of green tech IP, which is also reflected in several other patents in the 2023 list. For example, seven oppositions were filed against Total Energy/OneTech’s patent directed to recycled materials. Meanwhile Coca Cola’s patent for bio-based polyethylene and Tarket’s phtalate-free PVC patent were both opposed by five parties.
Finally, as ever, there are several teams of Mewburn attorneys working on cases in this list – both attacking and defending. If you would like advice on an EPO opposition matter, big or small, then get in touch with one of our teams from Life Sciences, Chemistry, or Engineering & ICT to start a conversation.
(*Since this is our fifth year of publishing this annual list, we can now refer to tradition.).
In the table, we’ve highlighted green tech patents in green and other non-life sciences / med tech patents in orange.
|
Number of opponents
|
Patent No.
|
Patent Proprietor
|
Patent Title
(explanatory note, where title not self-explanatory)
|
|
23
|
EP2959894
|
Novartis AG
|
S1P receptor modulators for treating multiple sclerosis
|
|
15
|
EP3294283
|
Novartis AG
|
Sacubitril-valsartan dosage regimen for treating heart failure
|
|
14
|
EP2653873
|
Biogen MA Inc.
|
Compositions and uses for treating multiple sclerosis
|
|
11
|
EP3984092
|
The Lubrizol Corporation
|
Organic heat transfer system, method and fluid
(Battery technology)
|
|
10
|
EP2981255
|
Boehringer Ingelheim International GmbH
|
Therapeutic uses of empagliflozin
(Empagliflozin is used to treat diabetes)
|
|
9
|
EP3597659
|
Genentech, Inc.
|
Prevention of disulfide bond reduction during recombinant production of polypeptides
(Biotherapeutic manufacturing)
|
|
9
|
EP3590949
|
ModernaTX, Inc.
|
Ribonucleic acids containing N1-methyl-pseudouracils and uses thereof
(Methods of making RNAs, which are useful in therapy)
|
|
9
|
EP3524595
|
Eisai R&D Management Co., Ltd.
|
High-purity quinoline derivative and method for manufacturing same
(Quinoline derivates are used to treat cancer)
|
|
8
|
EP3448416
|
Novo Nordisk A/S
|
Semaglutide in cardiovascular conditions
|
|
8
|
EP3694483
|
The Procter & Gamble Company
|
Sulfate free clear personal cleansing composition comprising low inorganic salt
(Shampoo)
|
|
8
|
EP3744605
|
CRRC Changchun Railway Vehicles Co., Ltd.
|
Railway train operation control method and system
|
|
7
|
EP3578175
|
Amgen Inc.
|
Rapid dissolution formulation of a calcium receptor-active compound
(Compound used to treat conditions such as hyperparathyroidism)
|
|
7
|
EP3324937
|
STADA Arzneimittel AG
|
Ready-to-use bortezomib solution
(Bortezomib is a proteosome inhibitor used to treat cancer)
|
|
7
|
EP3694482
|
The Procter & Gamble Company
|
Sulfate free personal cleansing composition comprising low inorganic salt
(Shampoo)
|
|
7
|
EP3802689
|
TotalEnergies OneTech Belgium
|
Process to produce polypropylene-based composition from post-consumer resins and articles made of said compositions
|
|
6
|
EP3067043
|
Novartis AG
|
Pharmaceutical compositions based on superstructures of angiotensin receptor antagonist/blocker (ARB) and neutral endopeptidase (NEP) inhibitor
(Formulation of a compound that is used to treat heart failure)
|
|
6
|
EP2906734
|
Arcelormittal
|
A method for manufacturing a metal sheet with a ZnAl coating and with optimised drying, corresponding metal sheet, part and vehicle
|
|
6
|
EP3324936
|
STADA Arzneimittel AG
|
Method for producing a bortezomib ester solution
(Bortezomib is a proteosome inhibitor used to treat cancer)
|
|
6
|
EP3768304
|
Institut National de la Santé et de la Recherche Médicale
|
Compositions and methods for increasing or enhancing transduction of gene therapy vectors and for removing or reducing immunoglobulins
|
|
5
|
EP3287482
|
The Coca-Cola Company
|
Method of making bio-based polyethylene terephthalate polymer product
|
|
5
|
EP3578173
|
Euro-Celtique S.A.
|
Dosage form containing oxycodone and naloxone
|
|
5
|
EP2397142
|
Boehringer Ingelheim International GmbH
|
Use of DPP IV inhibitors
(DPP IV inhibitors are approved for use in treating diabetes. This patent is directed to the use of these compounds to treat cardiac insufficiency.)
|
|
5
|
EP3782611
|
Celgene Corporation
|
Oral formulations of cytidine analogs and methods of use thereof
(Formulation of compound that is used to treat cancer)
|
|
5
|
EP3597216
|
E. R. Squibb & Sons, L.L.C.
|
Human antibodies that bind lymphocyte activation gene-3 (LAG-3) and uses thereof
(This patent is directed to antibodies to treat cancer)
|
|
5
|
EP3981427
|
GlaxoSmithKline Biologicals S.A.
|
Pegylated liposomes for delivery of immunogen-encoding RNA
(RNA vaccines)
|
|
5
|
EP3970742
|
GlaxoSmithKline Biologicals S.A.
|
Pegylated liposomes for delivery of immunogen-encoding RNA
(RNA vaccines)
|
|
5
|
EP2611467
|
GlaxoSmithKline Biologicals S.A.
|
Pegylated liposomes for delivery of immunogen-encoding RNA
(RNA vaccines)
|
|
5
|
EP3733847
|
Toolgen Incorporated
|
Composition for cleaving a target DNA comprising a guide RNA specific for the target DNA and CAS protein-encoding nucleic acid or CAS protein, and use thereof
(Gene editing)
|
|
5
|
EP3090023
|
Tarkett GDL
|
Improved phtalate-free polyvinyl chloride plastisol compositions
|
|
5
|
EP3812545
|
Arturo Salice S.p.A.
|
Decelerated hinge for furniture
|
|
5
|
EP3266306
|
Schülke & Mayr GmbH
|
Impregnated textile fabric providing effective delivery of an alcoholic impregnant
|
|
5
|
EP3582989
|
Mubea Carbo Tech GmbH
|
Battery structure and protector
|
|
5
|
EP3655258
|
Schaeffler Technologies AG & Co. KG
|
Wheel bearing arrangement having a coating
|
This table is based on data downloaded from the EPO 4-8 January 2024. It lists the most opposed patents for which the 9-month opposition deadline expired in 2023.
