The Board of Appeals at the United States Patent and Trademark Office (USPTO) issued a decision on September 8, 2025, regarding the company’s appeal of the examiner’s decision to reject the patent claims in the US patent application concerning the company’s iTANK platform. The Board of Appeals chose to uphold the examiner’s decision to reject the patent claims.

The US attorney and I do not agree with the conclusions of the Board of Appeals, which we believe are based on a hindsight assessment of the claimed invention.

“The US attorney and I do not agree with the conclusions of the Board of Appeals, which we believe are based on a hindsight assessment of the claimed invention. However, together with the company, we have reviewed several possible paths forward and developed a strategy to continue pursuing patent protection for the iTANK platform in the U.S. following the Board’s decision,” says Elicera’s Swedish patent attorney, Henrik Sjölander at Barker Brettell Sweden.

The iTANK platform is already patented in Europe and China.