On December 2009, Neptune Technologies & Bioressources Inc.’s European Patent EP1417211B1 was revoked by the European Patent Office following an opposition filed by Enzymotec and the Norwegian company Aker BioMarine. The opposition division of the EPO based its decision on "insufficient disclosure," meaning that Neptune did not provide sufficient data to prove and explain their alleged invention. Soon after the patent was revoked, Neptune submitted an appeal.
On April 9, 2013, the appeal was discussed in a hearing procedure in Munich. The EPO’s Board of Appeals rejected Neptune's request and by that confirmed the previous Opposition Division decision that this patent is revoked.
Patent EP1417211B1 belongs to the same family of patents that are currently used by Neptune as a basis for complaints in the United States against Enzymotec and several other krill oil manufacturers and suppliers.
The decision of the board of appeals assures the krill oil community, again, that there is no scientific ground to substantiate Neptune's patents. We predict that other aggressive legal attempts this company is taking will likely fail again in the future.