Nestlé’s attempt to invalidate a competitor’s patent for a dietary supplement aimed at preventing protein allergies has been unsuccessful in Europe. The European officials decided that a specific amendment, restricting the supplement’s effects to milk proteins, justified granting protection to the patent. This ruling comes as Nestlé sought to challenge the validity of the patent, which aims to offer solutions in allergy prevention through specialized dietary formulas.
The decision underscores the importance of precision in patent claims and the stringent criteria applied in European patent law. Nestlé’s efforts to contest the patent were based on arguments against its novelty and inventive step, but the amendment specifying milk proteins proved pivotal in upholding the patent’s validity. The ruling highlights ongoing competition and regulatory scrutiny in the nutritional supplement industry, where innovation and intellectual property protections play significant roles.
