Developing Story
Semaglutide UPC Patent Litigation (Milan)
The first UPC patent action over semaglutide — the active ingredient in Ozempic, Wegovy and Rybelsus — began in Milan after Sandoz filed a revocation action against patent EP 3 689 365. The case scrutinizes 'divisional game' patent prosecution tactics and will set precedent for the wave of GLP-1 patent litigation expected as exclusivity expires.
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Proceedings before the Unified Patent Court (UPC) over a semaglutide patent kicked off in Milan in September 2026, marking the first UPC action targeting the active ingredient used in GLP-1 treatments such as Ozempic, Wegovy, and Rybelsus (JUVE Patent, September 28). Generics manufacturer Sandoz filed a revocation action against EP 3 689 365 at the Milan central division this summer (case ID: UPC-CFI-0002221/2026) (JUVE Patent, September 28). The case is drawing scrutiny over the so-called 'divisional game' — a patent prosecution strategy involving filing successive divisional applications — as a key issue under examination (JUVE Patent, September 28).
## Context
Semaglutide is the active ingredient behind Novo Nordisk's blockbuster GLP-1 drug franchise, which has generated enormous commercial value amid the broader GLP-1 weight-loss and diabetes drug boom. As patent protections on foundational GLP-1 compounds face expiration pressure, generics makers like Sandoz are moving aggressively to clear the way for biosimilar/generic entry, making this the first test case of how the UPC — a relatively new pan-European patent court — will handle high-stakes pharmaceutical patent disputes.
## Strategic Significance
This is a critical case for IP attorneys and pharmaceutical companies: the outcome will shape how divisional patent strategies are scrutinized across UPC jurisdictions and could set precedent for the flood of GLP-1-related patent litigation expected as exclusivity periods wind down globally. It connects to broader patterns of UPC caseload growth, the Milan central division's role, and parallel disputes like Lundbeck vs. Biogaran and Michelin vs. Goodyear playing out in the same court system. Given GLP-1 drugs' expanding use beyond weight loss (including into Alzheimer's, cardiovascular and aging research), control over semaglutide patents carries outsized commercial value.