Wageningen The Netherlands, March 15, 2022. Vitalnext Products BV today announced that its European Patent EP 3313207B1 (“Compositions and Methods for the treatment of malnutrition”) was upheld in its entirety. The opposition division of the European Patent Office ruled that all grounds of opposition as filed by Nutricia/Danone were rejected and that all claims of the Vitalnext patent were valid and will remain in force.
During a procedure that involved submission of written arguments as well as oral proceedings Nutrica/Danone had argued that the patent as issued lacked ‘sufficiency of disclosure’, novelty and inventive step. However, none of these arguments did convince the opposition division of the European Patent Office which is the competent authority in these matters. Their decision was published in an extensive technical document published on the website of the European Patent Office and may be appealed.
The patent covers the use and composition of a novel medical nutrition developed to support the treatment of malnutrition, particularly in elderly. Clinical studies, published in a peer-reviewed scientific journal, have shown that the Vitalnext product has significant and relevant benefits in muscle function compared to the currently most commonly used product (in The Netherlands) that was used as a control. Scientific studies further revealed the likely mode of action of the Vitalnext product causing the beneficial effects.
Dr. Rein Strijker, CEO of Vitalnext, commented: “We are very pleased that the Patent Office has confirmed the validity of our broad claims covering the composition and use of ou product. While the costs of defending a European patent against an extensive and broad opposition are significant for a small company like ours it is gratifying that the novelty and the innovative nature of our product have again been confirmed. We remain committed to bring our product to patients who may benefit from its advantageous properties.”