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Andrew Bentham

Partner, European and UK Patent Attorney

Andy joined J A Kemp from university nearly 30 years ago. Since then, his patent practice has concentrated on European Patent Office (EPO) prosecution and opposition/appeal work and the worldwide protection of IP originating from UK universities. Clients range from top-tier academic institutions and their spinouts to one of the USA's most successful biopharmaceutical companies of recent times and one of the world's largest agri-business. 

With a first-class Cambridge degree in plant sciences, Andy has a particular interest in patenting plant biotechnology, plant breeding and agri-tech and is also available to advise on Plant Variety Right issues. He has a deep understanding of the complex considerations that surround patenting plants in Europe. Building on this experience in agriculture, Andy is also active in industrial biotech work relating to microbial carbon capture and biofuel production and has expertise relating to microorganism deposits for patent purposes under the Budapest Treaty.

Andy's other current major focus relates to advanced therapeutics, including gene therapy vectors, oligonucleotide-based therapies such as antisense, RNA interference and CRISPR, mono- and bi-specific antibodies, CAR-T cells and many other aspects of antibody technology. He is responsible for EPO prosecution and opposition work relating to multiple biopharmaceutical products that are on or nearing the market and for a large portfolio relating to transgenic animal platforms for antibody drug discovery. This area has become increasingly contentious and Andy has therefore been involved in many EPO Oppositions and a number of items of UK and foreign litigation during the course of his career.

Representative examples of EPO Oppositions in which Andy has been involved at EPO Board of Appeal level include T400/97 relating to early techniques for recombinant antibody production; T188/97 regarding HCV diagnostics; T857/01 and T1023/02 relating to HSV vaccines and gene therapy vectors; T202/02 concerning treatment of Crohns' disease; T1219/03 and T1919/11 on taxane production in plant cell culture; T94/04 relating to ligand trap cytokine antagonists; T1108/08 relating to plant gene silencing; T2101/09, T1153/14 and T419/16 concerning antibody therapeutics to various targets; and T1526/11, T2220/14 and T1634/17 relating to transgenic mouse platforms for antibody discovery. The first and last of these cases also related to the niche legal question of when an oral disclosure constitutes prior art for EPO purposes.

Andy is recommended by The Legal 500, where clients comment that he "has a very well-rounded view of IP versus the needs of the business and provides detailed advice that is both legally accurate and tailored." Reflecting these attributes, Andy has been an invited speaker at two prestigious international conferences, the BIO annual meeting (2019) and the American Intellectual Property Law Association (AIPLA) annual meeting (2021).

Within J A Kemp, Andy leads the firm's US Business Development Group and has responsibility for the firm's relationships in Canada and Israel. Andy joined J A Kemp in 1993, became a partner in 2003 and has headed J A Kemp's Cambridge office since it opened in 2016.

 

Locations

Cambridge
London

Education

University of Cambridge, Masters Degree in Natural Sciences (Plant Sciences)

Professional Qualifications

European Patent Attorney; UK Chartered Patent Attorney

Membership of Professional Bodies

Fellow of the Chartered Institute of Patent Attorneys (CIPA); Member of the Institute of Professional Representatives before the European Patent Office (EPI); Member of the International Federation of Intellectual Property Attorneys (FICPI)

Contact

Email: abentham@jakemp.com


Tel: +44 1223 637 100

CPC2 Building
Capital Park
Cambridge
CB21 5XE

Contact Andrew

If you wish to talk to Andrew Bentham, please send an email directly to abentham@jakemp.com

or call +44 20 3077 8600


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