The list is, again, dominated by patents for therapeutic treatments, although the trends seen last year for patents on recycling and renewable technologies have continued (these are the green bars in the chart). In addition, two patents in the list protect digital communications inventions – Datalogic’s EP3732793, which received 9 oppositions, and Neowireless’ EP3876490, which received 8 oppositions.
The most opposed patent of 2024 was Boehringer Ingelheim’s EP2395968, which was the target of 18 oppositions and which covers formulations of empagliflozin – a diabetes treatment also known as Jardiance®. Multiple oppositions were filed against several other patents concerned with the treatment of metabolic disorders, including weight-loss treatments. Eight parties opposed Novo Nordisk’s EP3474820, which covers semaglutide (the active agent of Ozempic® and Wegovy®). Eli Lilly’s EP3810201, which covers tirzepatide (Mounjaro®), was opposed by 7 parties.
The (joint) second most opposed patent was Novartis’ EP3626270, with 16 oppositions filed against it. This patent relates to a particular therapeutic use of the heart failure treatment Entresto®. (The second most opposed patent of 2023 was another Novartis medical use patent for Entresto®.) Cardiovascular health was another recurring theme in the list, for example Esperion’s EP3270909 relates to combinations of statins with bempedoic acid and received 6 oppositions.
Patents for therapeutic uses of the monoclonal antibody Dupixent® feature heavily on the list. Five patents on the list in the joint names of Regeneron and Sanofi relate to this antibody, which is used for the treatment of asthma and eczema.
This is the first of our annual lists of most opposed patents to feature Unitary Patents. Any European patent granted on or after 1 June 2023 can have ‘unitary effect’ in the Contracting Member States, if requested - see our website here for more on this. A Unitary Patent (UP) is necessarily under the jurisdiction of the Unified Patent Court for enforcement and validity proceedings: it cannot be opted-out. By contrast a non-UP can, at present, be opted-out of the jurisdiction of the UPC. In the interactive chart below, the Unitary Patents (UPs) and patents for which a UPC opt-out has been filed can be seen by clicking on the Patent Category drop-down option.
As with previous years, Mewburn Ellis is representing clients on a number of these oppositions – both defending and attacking on several cases. If you would like advice on an EPO opposition matter please do get in touch with one of our teams from Life Sciences, Chemistry, or Engineering & ICT to start a conversation.
In the chart, we’ve highlighted green tech patents in green and other non-pharma / life science cases in pink. Unitary Patents (UPs) and patents for which a UPC opt-out has been filed can be seen by clicking on the Patent Category drop-down option. For details of the patent, including the patent number and title, just click on the bar.
Just CLICK on the bar for details of the patent.
