Darren Smyth

Partner, UK and European Patent Attorney, Design Attorney
London
dsmyth@eip.com

Biography

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 20 years 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.

Within EIP, Darren is Head of Knowledge, ensuring that all our attorneys and support staff have the most up-to-date information about legal developments, and overseeing continuous improvement in our internal systems. Darren writes regularly about procedures and cases at the Unified Patent Court (UPC), and is well placed to advise clients on UPC matters.

Darren is a founding committee member of IP Out, the LGBT+ community group within the IP Inclusive initiative which promotes diversity and inclusion within the UK Intellectual Property professions, and was a speaker at its inaugural event.

In 2024, Darren was appointed Honorary Professor at Queen Mary, University of London, Centre for Commercial Law Studies where he teaches Ethics and Designs modules on the the Intellectual Property Law Postgraduate Certificate, MSc Intellectual Property, and Trade Mark Law and Practice Postgraduate Certificate courses (aimed at trainee patent and trade mark attorneys).

Recent Work
  • Defended patent against validity attack at the Unified Patent Court (Milan Central Division)
  • Argued patent infringement at the Unified Patent Court (Düsseldorf Local Division)
  • Acted for Merck Serono in UK supplementary protection certificate appeal in Patents Court and Court of Appeal
  • Defended patent concerning radiopharmaceuticals in opposition at the European Patent Office
  • Defended a number of patents concerning medicinal food products at the European Patent Office
Publications
Education
  • Post Doctoral Fellowship, Royal Society and JSPS - Tokyo Institute of Technology (1996 — 1998)
  • Doctor of Philosophy - New College, Oxford University (1992 — 1996)
  • Master of Arts - New College, Oxford University (1988 — 1992)
Languages Spoken
Career History
  • Partner at EIP (2012 — present)
  • Partner at Marks & Clerk (2003 — 2011)
  • Associate at Marks & Clerk (1998 — 2003)
Specialisms
Awards

The latest from

Darren Smyth

The UPC two years on: Withdrawals of actions becoming prominent
09 June 2025
The Unified Patent Court has now been running for two years. To mark the occasion, we have looked at the cases and the decisions over the past two years, and share our thoughts on the current state...

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