Cohausz & Florack successful in defending Fibrant’s patent on the catalytic hydrogenation of phenol

Düsseldorf, December 21, 2021 – Following oral proceedings on December 14, 2021, Board of Appeal 3.3.10 of the European Patent Office (EPO) upheld patent EP 2 513 025 B1 in amended form. The patent stands in the name of Fibrant’s IP-holding company CAP III B.V. and had been opposed by Versalis, S.p.A., a competitor of Fibrant in the field of cyclohexanone production via catalytic hydrogenation of phenol and related licensing activities.

The invention protected by the patent relates to an improved palladium-catalyzed phenol hydrogenation process. The benefits offered by the patented technology are commercially relevant and the patent is included in the Hydranone® licenses that Fibrant offers on its phenol-based cyclohexanone technology.

The positive decision of the Board of Appeal follows a victory in the first instance, in which the EPO Opposition Division had already dismissed Versalis’ opposition.

“We are extremely pleased with the result that we could achieve for Fibrant.” says Dr. Natalie Kirchhofer, partner and patent attorney at Cohausz & Florack. “The EPO’s decision gives Fibrant additional years of patent exclusivity for the claimed process improvement”. Dr.ir. Marijke Groothaert, Director Research & Technology at Fibrant, remarks “Fibrant welcomes the positive decision strengthening the patent and will continue to vigorously defend its intellectual property.”

FIBRANT/CAP III B.V. was represented in the EPO opposition and appeal proceedings by patent attorneys Dr. Natalie Kirchhofer and Dr. Romina Kühnle of Cohausz & Florack.

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