EPO revokes another Novo Nordisk patent behind Ozempic and Wegovy drugs

After the EPO Boards of Appeal revoked two patents related to Novo Nordisk’s blockbuster semaglutide in autumn 2024, EP 2 866 825 has now also fallen to opposition from Teva, Generics UK and Galenicum Health.

The Boards of Appeal deemed the patent, which covers the use of long-acting GLP-1 peptides, invalid due to lack of inventive step (case ID: T 1701/22). The panel under chairperson Magdalena Pregetta found that the closest prior art had already established semaglutide’s suitability for treating obesity. The Opposition Division reached the same conclusion in May 2022. Novo Nordisk appealed this decision but was unsuccessful.

Defending multiple patents

The Danish pharmaceutical manufacturer is currently defending several patent families related to semaglutide. Novo Nordisk originally developed the active ingredient to treat type 2 diabetes. However, market participants know it more commonly as the weight-loss injection Wegovy, which uses a higher dosage.

Novo Nordisk markets the diabetes drug under the brand name Ozempic. Medical professionals administer both drugs via injection. Recently, various companies succeeded in having two Novo Nordisk patents relating to oral semaglutide administration revoked. Novo Nordisk markets the oral medication for type 2 diabetes under the trade name Rybelsus.

Besides treatments for obesity and type 2 diabetes, oppositions against uses of the active ingredient in other treatments are pending. EP 3 448 416, for example, covers semaglutide in cardiovascular conditions. The Opposition Division recently upheld the patent in amended form, a decision that opposing parties have appealed.

Change in counsel

As with the previously revoked Rybelsus patents, patent attorneys from British firm D Young & Co represented Novo Nordisk. The firm took over representation from London competitor JA Kemp during opposition proceedings. The D Young team comprises partners Charles Harding and Jennifer O’Farrell. The firm has a long-standing relationship with Novo Nordisk and has represented the company in other disputes. Mette Turner, patent attorney at Novo Nordisk, was also present at the hearing.

Teva relied on a team from Kraus & Lederer. The Munich-based patent attorney firm emerged from the merger of Lederer & Keller and Kraus & Weisert in early 2024. Partner Marco Fachini has extensive experience in pharmaceutical patents, having worked as in-house patent attorney for Sandoz before joining what was then Lederer & Keller in 2019. He has advised the client for the past five years.

Ter Meer Steinmeister, also based in Munich, acted for Generics UK. Both Bernd Aechter and Veronika Müller had previously acted for the generics manufacturer in oppositions against EP 845 and EP 885.

Galenicum handled the oppositions with an in-house team without external patent attorney support.