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Patents

Patent Validity and Infringement

Sometimes patents have to be enforced.  In some industries this is rare, in others it is a day-to-day reality.  You need to know whether a given act will infringe a patent.  You need to know how that will apply in different countries.  You need to know if a patent is valid or invalid.  Our job is to give you a clear answer to these questions.  And in the end, there is a binary outcome – a patent is infringed or it is not, and to the extent it is infringed, the subject-matter is either valid or it is not.

You will also need practical advice, such as will a patent be granted by the EPO or UKIPO?  If granted, would it survive opposition or appeal, at the EPO?  Would it ultimately be held valid by the UK courts or other courts in Europe?  We will confidently answer these questions.

Infringement is sometimes simple, sometimes not.  You may need to consider equivalents, numerical ranges, contributory infringement, etc.  We will confidently answer these questions.

Sometimes a key question is whether there will be an interim injunction.  What remedies are available?  What forum is applicable (from the UKIPO opinion service to the Patents Court)?  What other members of the litigation team would be required?  We will provide you with sound practical advice.  At this stage it can mean our stepping back and putting you in the hands of a solicitor and counsel, who will work with you and the experts.  If that is what is best for you, that is the advice we will give.

Meet the team
Richard Gillard
Partner
Richard has 20 years of experience in the full range of patent services, including drafting, prosecution, opposition and opinion work.
Richard Cooke
Partner
Richard joined E + F in October 2005 and qualified as a Chartered Patent Attorney in 2008 and a European Patent Attorney in 2010.
Nick Ertl
Partner
Nick has 20 years experience in the drafting of patent applications and their prosecution around the world, especially before the EPO.
Oliver Kingsbury
Partner
A qualified European and UK Patent Attorney since 2002, Oliver has experience in providing a broad range of IP support.
Rob O'Callaghan
Partner
Recommended in the Legal 500, Rob is known for his "wonderful advice and understanding".
Glyn Truscott
Partner
Glyn's practice spans a wide range of biotechnology subject-matter, from combination immunotherapies to PCR-based diagnostic assays.
Lee Mullen
Counsel
Lee prosecutes patent applications for a wide range of clients before the EPO and UK Patent Office, handling a diverse range of subject-matter.
Daniel Portch
Partner
Daniel's specialities include computing, computer programs, communications technology and electronic engineering.
Richard Scott
Partner
Richard's practice spans the full patent lifecycle, from patent drafting and prosecution to freedom-to-practice and EPO opposition work. 
Andy Nicoll
Partner
Andy specialises in pharmaceuticals and nutrition. He has experience prosecuting patent applications in many major jurisdictions.
Zachary Jelley
Partner
Zachary's day-to-day practice focuses on the drafting and prosecution of electronic and computer-implemented inventions.
Mark Scott
Partner
Mark is an experienced and versatile attorney specialising in proceedings before the EPO and the UKIPO.
Paul Brookes
Partner
Paul enjoys working on a broad range of chemical subject-matter. Specialising in synthetic chemistry and pharmaceuticals.
Henrietta Rooney
Associate
Henrietta specialises in the life sciences, with particular expertise in biotherapeutics. Henrietta joined Elkington and Fife in 2016.
Paul Waldron
Associate
Paul is a European and UK Patent Attorney specialising in the Life Sciences.
Sally Kennedy
Associate
Sally specialises in the chemical field, with a particular focus on pharmaceuticals.
Laura Garlick
Associate
Laura is a UK and European patent attorney in our electronics and mechanical group.
Nickeal Sidhu
Associate
Nickeal studied Natural Sciences at Gonville and Caius College, Cambridge, graduating with a BA honours degree in 2021.
Asher Winter
Associate
Asher qualified as a European and UK patent attorney in 2025, having joined Elkington + Fife in 2021.
our patent sectors
Whilst our work spans a wide range of subject areas, the majority falls within the following sectors: