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Andrew Bentham

Partner, European and UK Patent Attorney

Andy is a European and UK Patent Attorney. He joined J A Kemp from university 25 years ago. Since then, his patent practice has concentrated on global representation of UK universities and their spinouts and commercial partners in life science fields and European Patent Office (EPO) prosecution and opposition/appeal work. Clients range from early-stage businesses through top-tier UK and foreign academic institutions to one of the USA's most successful biopharmaceutical companies of recent times and one of the world's largest agriculture companies. With a first-class Cambridge degree in plant sciences, Andy has a particular interest in plant biotechnology, plant breeding and agri-tech and is available to advise on Plant Variety Right issues as well as patents across the agricultural sector, in which he has experience in areas including genetically modified crops, production of pharmaceuticals in plants and plant cell culture, breeding of crop and ornamental varieties, applications of microbial strains in agriculture and, harvesting and crop production systems and tools for the automation of plant science research. He has a deep understanding of the complex considerations that surround patenting plants in Europe in light of the exclusion from patentability of plant varieties and essentially biological processes for the production of plants.

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. More recently, as gene therapy at last begins to deliver on its great potential, Andy has also become involved in several projects relating to viral delivery of treatments for ocular, neurological and other diseases. Andy's other current major focus relates to antibody therapeutics, including mono- and b-specific antibodies, CAR-T cells and many other aspects of antibody technology. In particular, he is responsible for prosecution and EPO opposition work relating to multiple antibody and other biopharmaceutical products that are on or nearing the market and for a large portfolio of applications and oppositions relating to transgenic animal platforms for antibody drug discovery and antibody production methodology. 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, T748/01 and T197/02 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; T67/05 regarding tetanus vaccines; T1108/08 relating to plant gene silencing; T2101/09, T1153/14 and T419/16 concerning antibody therapeutics to various targets; and T1526/11 and T2220/14 relating to transgenic mouse platforms for antibody discovery.

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."

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.




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)



Tel: +44 1223 637 100

CPC2 Building
Capital Park
CB21 5XE

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