Darren Smyth

Partner, Patent and Design Attorney
London, EIP Europe LLP

As head of the EIP Elements practice group, Darren has technical expertise in a range of fields, including pharmaceuticals, agrochemicals, food chemistry, polymers, oligonucleotides, organic LEDs, semiconductors, metallurgy, batteries, and process chemistry.

He has more than a decade of experience in private practice, having joined EIP from a position as Partner at the largest IP practice in the UK. Darren has considerable experience in handling difficult cases, contentious matters, and complex advisory work. He has particular experience of opposition and appeal hearings at the EPO, and has advised in relation to patent litigation in the UK and other European countries. Darren also has recognised expertise in the field of registered designs.

Darren blogs for The IPKat and as the IP Alchemist and is on the editorial board of the Journal of Intellectual Property Law & Practice, to which he also frequently contributes.

Experience

  • Representation of Applicant before Enlarged Board of Appeal in G2/08 - Patentability of dosage regimes (link)
  • Technical consultancy for Tate & Lyle in patent revocation and infringement action concerning crystalline maltitol Tate & Lyle Technology v Roquette Freres (link)
  • European patent concerning appetite suppression by resistant sugar polymers successfully revoked in Opposition at EPO (link)
  • Technical consultancy for Daiichi Sankyo in CJEU case C-6/11 - Supplementary Protection Certificates for drug combinations (link)

Recent work

  • Advises Tate & Lyle in relation to a number of technology acquisitions under Open Innovation strategy (link)
  • Continues to develop patent portfolio and protection strategy for the high intensity sweetener sucralose

Published articles

  • April 2016
    JIPLP, To Infinium and beyond! Questions regarding partial priority referred to the Enlarged Board of Appeal (link)
  • 31 March 2015
    LexisPSL, Regulating the Nagoya Protocol (link)
  • 8 March 2015
    JIPLP, There is a balm in Gilead: Idenix's patent infringed but invalid (link)
  • 21 February 2015
    JIPLP, Novelty does not necessarily mirror infringement: product-by-process claims
  • 16 February 2015
    WTR Daily, Registered design for ice cream van held to be valid and infringed (link)
  • 23 January 2015
    JIPLP, Rage against the (translation) machine (link)
  • July 2014
    Intellectual Property Magazine, What a lawyer needs to know about the Nagoya Protocol (link)
  • May 2014
    Chemistry World, We need to talk about Nagoya (link)
  • March 2014
    JIPLP, Two gaps instead of one: the CJEU's effect on SPC jurisprudence? (link)
  • February 2014
    JIPLP, Can springborad injunctions be awarded in respect of non-infringing acts? (link)
  • November 2013
    JIPLP, Patent law decisions from Supreme Courts: how can non-specialist judges decide this field of law? (link)
  • July 2013
    Chemistry World, Book Review (link)
  • May 2013
    Chemistry World, Compulsory licenses: necessity or threat? (link)
  • May 2013
    JIPLP, The EPO's approach to antibody and polymorph claims (link)
  • May 2013
    JIPLP, Publicity orders in intellectual property cases (link)
  • May 2013
    Spicy IP, The IPKat's 'despair' with Supreme Court's judgement in Novartis v Glivec (link)
  • April 2013
    RSC News, (link)
  • April 2013
    Class 99, Three ways of improving the RCD system
  • February 2013
    JIPLP, Publicity orders in intellectual property cases—When are they granted and how must a party comply
  • February 2013
    JIPLP, How is the scope of protection of a registered community design to be determined? (link)
  • OCtober 2012
    JIPLP, Wounded patent survives
  • July 2012
    WTR Daily, Samsung v Apple – how similar does an alleged infringement have to be?
  • July 2012
    JIPLP, Samsung v Apple – how does the Judge become an 'informed user'? (link)
  • June 2012
    JIPLP, Lions in the path or paper tigers? (link)
  • June 2012
    JIPLP, When must a patent be plausible? (link)
  • June 2012
    Controlled Release Society, UK Patents Court Finds Sustained-Release Quetiapine Patent Invalid (link)
  • June 2012
    JIPLP, A principle of general application? (link)
  • April 2012
    Chemistry World, Be careful what you wish for (link)

Education and qualifications

Darren's educational background is in chemistry, with his postgraduate study and post-doc focusing on synthetic organic chemistry.

  • 1996 — 1998
    Post Doctoral Fellowship, Royal Society and JSPS, Tokyo Institute of Technology
  • 1992 — 1996
    Doctor of Philosophy, New College, Oxford University
  • 1988 — 1992
    Master of Arts, New College, Oxford University

Career history

  • 2012 — present
    Partner, EIP
  • 2003 — 2011
    Partner, Marks & Clerk
  • 1998 — 2003
    Associate, Marks & Clerk

Awards and recognition

  • IAM Patent 1000, 2016. Darren "has technical expertise spanning an array of areas, including organic LEDs, semiconductors, metallurgy, batteries and process chemistry". (link)
  • Ranked in IP Stars 2016 (link)
  • Recommended as leading individual in 'The IAM Patent 1000' 2015. (link)
  • Highly recommended as "knowledgeable" in the Legal 500 rankings. (link)
  • Selected as one of the "Faces of Chemistry" by the Royal Society of Chemistry (link)
  • Selected to speak and chair session at OHIM conference "10 Years of the Community Design" (link)
  • Rejoined editorial board of the Journal of Intellectual Property Law & Practice, published by Oxford University Press.

Languages spoken

  • Japanese
  • Spanish
  • German
  • French

Speaking engagements

  • 15 July 2016
    UAL Graduate Futures Week, You own your ideas: protecting your work and intellectual property (link)
  • 23 June 2016
    Biotech & Pharma Patenting Conference 2016, Enablement and Sufficiency (link)
  • 14 March 2016
    C5's 8th Conference on Pharma & Biotech Patent Litigation, Case law round up on Supplementary Protection Certificates (link)
  • 26 November 2015
    JIPLP's 10th Anniversary Conference, Second medical use claims: why are they so difficult to understand? (link)
  • 3 June 2015
    One Nucleus BioWednesday, Developing and Commercialising Cell-based Platforms (chair) (link)
  • 20 November 2014
    RSC Law Group IP Case Law Seminar, UK and EU Implementation of the Nagoya Protocol (link)
  • 2 October 2014
    IPAG Conference 2014, Utility Models (link)
  • 4 September 2014
    IPKat , Darren Smyth talks to Christopher Rennie Smith (link)
  • 4 September 2014
    The IPKat, A Kit talks to a Kat (link)
  • 3 April 2014
    Society of Chemical Industry, What a Chemist Needs to know about Patents (link)
  • 4 October 2013
    CIPA Congress 2013, Taking a Broad View of Designs
  • 12 September 2013
    AIPPI UK - The UPC and what it means for your practice, The Unitary Patent and Unified Patent Court: the choices and how to make them (link)
  • 26 June 2013
    C5 Conference Maximising Pharma Patents, SPC Workshop
  • 12 June 2013
    IPKat 10th Birthday Seminar, Panel Discussion
  • April 2013
    10 Years Community Design, (link)
  • 22 January 2013
    JIPLP - GRUR Seminar, Secondary Protection of Innovations (link)
  • June 2012
    EIP Elements seminar, A Mock EPO Opposition
  • June 2012
    C5, 11th International Forum of Pharma Patent Lifecycles (link)
  • April 2012
    CIPA seminar, Japanese Patent Law and Practice in biotechnology and pharmaceutical technology
  • March 2012
    EPO seminar, Developments in European design law
  • January 2012
    SCI Event, What a chemist needs to know about patents (link)