Monika Rai

Partner, UK and European Patent Attorney, Solicitor
London, EIP Europe LLP

Monika is a life sciences specialist with a track record of achieving successful outcomes for clients in challenging cases. She has particular expertise in contentious proceedings at the European Patent Office, often involving multiple parties, and in advising on strategically significant patent portfolios. She regularly provides freedom to operate and validity opinions and has also coordinated and advised on major IP due diligence projects.

With a background that is legal as well as scientific, and by combining a strategic approach with attention to detail, Monika has built a reputation for her advocacy in EPO examination and opposition proceedings. She has represented some of the world's most innovative organisations in the healthcare and pharmaceutical sector in technical areas including cancer immunotherapy, microbiome therapeutics, gene therapy, therapeutic nucleotides and peptides, personalised medicine using AI and machine learning, antibody discovery and diagnostics. She also advises clients harnessing the power of biotechnology and microbiology in the agriculture, food and cosmetics sector.

Monika joined EIP from a position as partner at another UK IP firm. Her professional experience spans over fifteen years and includes private practice firms in the UK and India as well as in-house experience supporting the biologicals and biopharma teams at a global healthcare company.

Experience

  • Representing a leading diagnostics company in EPO oppositions and due diligence projects relating to various biomarkers and assays. This included representing them before EPO Opposition Division and Board of Appeal in achieving revocation of Bio-Rad patent EP1504266 relating to HCV and HIV assays.
  • Representing Moderna Therapeutics before EPO Opposition Division in opposing Curevac patent EP2101823 relating to mRNA vaccines.
  • Representing Seres Therapeutics before EPO Opposition Division in opposing EP2575835 relating to microbiome therapy in the name of University of Tokyo.
  • Representing Sanofi in EPO prosecution of gene therapy portfolio and in opposing Silence Therapeutics patents EP1857547 and EP2258847 in the field of RNAi.
  • Defending EP2569633 in the name of General Hospital Corporation and Dana Farber Cancer Institute against 5 oppositions, obtaining grant of divisional EP3023788 and related EPO prosecution in the field of neoantigen cancer vaccines.
  • Defending EP1639112 in the name of Genzyme Corporation relating to Novel beta-actin promoters.

Published articles

  • September 2018
    BioPharm International, Antibody Claims at the EPO
  • February 2008
    CIPA Journal, Roche v CIPLA - a generic case?

Education and qualifications

  • UK Chartered Patent Attorney, 2013
  • European Patent Attorney, 2010
  • Solicitor (England and Wales), 2008
  • Indian Patent Attorney, 2004 and Advocate, 2003

  • 2002 — 2003
    LLM (Intellectual Property), London School of Economics and Political Science, University of London
  • 1999 — 2002
    LLB, Campus Law Centre, University of Delhi
  • 1996 — 1999
    BSc (Hons) Botany, Zoology and Chemistry, University of Delhi

Career history

  • 2020 — present
    Partner, EIP
  • 2016 — 2020
    Partner, Mathys & Squire
  • 2014 — 2016
    Associate, Mathys & Squire
  • 2012 — 2013
    Consultant, GlaxoSmithKline
  • 2008 — 2012
    European Patent Attorney, Olswang
  • 2007 — 2008
    Technical Assistant, Kilburn & Strode
  • 2004 — 2006
    Advocate, Groser & Groser

Awards and recognition

  • Legal 500, 2018: Recommended patent attorney

Languages spoken

  • Hindi

Speaking engagements

  • 15 November 2018
    World IP Forum, Antibodies at the EPO
  • January 2012
    Global IP Convention, Developing a Cost-Effective Patent Strategy for Europe (Protection and Litigation)
  • August 2005
    ICAR-IPA National Conference on IPR and Management of Agricultural Research, Elements of IP Portfolio and Management Strategies

Additional information

Recent commentary

3 August 2020

The Times, The profit motive puts Big Pharma on the spot as it hunts for a vaccine (Link)