When it comes to securing exclusivity in the life sciences sector, few bring the depth of insight and strategic clarity that Francis Tierney offers. A qualified UK and European patent attorney since the 1990s, Francis blends decades of in-house experience with a boutique advisory approach that gives life sciences companies a genuine edge—particularly in pharmaceuticals and small molecule therapeutics. In this article PatWorld discusses with Francis Exclusivity in Pharma, and Navigating the Life Sciences Patent Landscape.
From In-House to Boutique: A Unique Perspective
Francis began his IP career in-house, spending nearly three decades advising on agrochemical and pharmaceutical innovations before moving into private practice. This “poacher turned gamekeeper” transition, as he jokingly puts it, equips him with an intuitive understanding of how clients operate and what they truly need from their IP counsel.
Now at Patent Boutique, he works closely with clients on prosecution, opposition, appeal work, due diligence, and strategic portfolio development. His tailored, hands-on approach is a hallmark of the firm.
The Five Pillars of Patent Strategy in Pharma
Francis sees five key IP considerations for life sciences companies today:
Confidentiality: With increased pressure to publish and attract investors, ensuring non-disclosure before filing is vital.
Timing of Filings: Filing too early can lead to protection ending earlier during peak sales; too late, and companies risk being scooped.
Collaboration with R&D: Patent attorneys need to work closely with research teams to react quickly to emerging data and shape strategy in real time.
Market Awareness: Limited budgets mean companies must prioritise filings in jurisdictions most critical to commercial success.
AI: Keeping abreast of developments in, and the increasing capabilities of, AI.
Getting Patent Drafting Right
Drafting for small molecules brings its own hazards. “If you draft too broadly, not only might your claims be rejected, but you risk creating your own most damaging prior art,” Francis warns. He emphasises the importance of including strong biological data—especially for markets like China—and ensuring that patents will remain enforceable 20+ years down the line, particularly when linked to SPCs.
US vs. Europe: Avoiding a Common Pitfall
One of the most frequent issues Francis sees is US-based companies underestimating global disclosure rules. “There’s a grace period in the US, but not in Europe. Smaller companies often publish during the priority year, which can be problematic for later filings,” he explains.
He also notes how different legal frameworks—such as the EPO’s problem-solution approach versus the US’s obviousness standard—can yield very different outcomes from the same prior art.
Early-Stage Advice: Flexible, Focused, and Fast
Emerging biotech companies often need more tailored support, especially when balancing speed, disclosure, and credibility for investors. Francis helps them navigate this by streamlining prosecution strategies and ensuring they have grantable, meaningful patents to support licensing or M&A activities.
“Established pharma companies have structured IP processes. Start-ups don’t—so we help them build systems and strategies that are credible and cost-effective,” he says.
Patent Portfolios as Deal Enablers
Whether supporting collaborations or preparing for acquisition, Francis views robust IP portfolios as central. “You need to show what you’ve got, but also what you might be developing. Priority filings before a deal are key to demonstrating value,” he advises.
AI in Drug Discovery: A New Frontier, with Caveats
Francis acknowledges AI as a potential game-changer in small molecule R&D, but with caution. “If AI knows everything, where’s the inventive step?” he asks. He sees a possible future where narrower, more focused patent claims become the norm due to more precise AI targeting—but also where validity could well be questioned if algorithms become standardised tools.
A Call for Change: Grace Period Reform
If he could change one thing in the UK or EU IP landscape, Francis would introduce a broader grace period. “It would protect researchers from the kind of accidental disclosures that can destroy patentability. A safety net—not to rely on, but to support honest mistakes.”
The Boutique Advantage
At Patent Boutique, Francis and his colleagues offer flexibility, cost transparency, and a collaborative approach. “We were cloud-based from the start, so our clients benefit from seamless document transfer, real-time communication, and scalable support,” he notes. Clients also gain access to a wider network of trusted attorneys—competency, not size or shine, is what counts.
Outside the Office: Gardening and Grandkids
Beyond the world of SPCs and claim drafting, Francis is a proud grandfather and a keen (and increasingly enthusiastic) gardener. “It’s such a contrast to patent law—where you wait years for a result. In the garden, you plant something and within weeks, there’s colour, texture, and reward,” he says. His latest pride? A set of stunning Alstroemeria —particularly a variety called Indian Summer.
Connect with Francis Tierney 🔗 Francis Tierney on LinkedIn 🔗 Patent Boutique – A specialist firm offering high-level, strategic patent services tailored to life sciences and beyond.
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When you think of a patent attorney, you might picture someone firmly rooted in legal texts. But for Lewis Mullholland, the path into IP began thousands of miles from home—embedded in an R&D team at Cisco Systems in Shanghai, tackling early cloud computing challenges.
“It was a fascinating time,” Lewis recalls. “We were pushing the boundaries of what cloud computing could do. That’s where I first encountered IP—not in theory, but as a practical force shaping innovation.” What began as a hurdle—navigating standards full of patented technologies—became an inspiration. “I saw patents not as obstacles but as drivers of invention. You had to think creatively around them, and that mindset stayed with me.”
Today, Lewis is a Chartered and European Patent Attorney at WP Thompson, with a practice spanning mechanical, electrical, and software technologies. He’s also a registered representative before the Unitary Patent Court, making him one of the legal professionals shaping Europe’s evolving IP landscape.
Serendipity and Strategy
Lewis’s route into the profession wasn’t entirely planned. “After returning from China, I had a potential opportunity to train as a patent attorney in Japan. But a conversation with my grandad led to a different route—a chance meeting with a Liverpool-based firm that ultimately launched my career.”
That was over a decade ago, and Lewis has stayed with WP Thompson ever since. “It just felt right,” he says.
His engineering background remains central to how he works. “Engineers solve problems. Patent law, especially at the EPO, is also about solving problems—framing arguments with clarity. I always try to describe an invention as though I’m talking to my nan. If she can understand it, it’s probably a good specification.”
Listening to Clients, Staying on the Front Line
Lewis’s approach to staying current isn’t just about journals or legal updates. “I like to visit clients, talk to their R&D teams, see what’s happening on the ground. That’s often where you get the best insights—seeing what innovations are bubbling up before they hit the headlines.”
This on-the-ground approach also helps tailor strategies for clients of all sizes. “For startups, it’s about making every penny count. Tools like the UKIPO’s IP Audit scheme can be game changers. For multinationals, it’s about managing large portfolios and aligning strategy with business goals.”
On AI, Ownership, and the Wild West
AI is an unavoidable topic in IP law—and Lewis doesn’t shy away from its challenges. “It’s a quagmire,” he admits, pointing to thorny issues like authorship of AI-generated works and ownership rights over training data. “The UK needs a more robust framework. The tech’s evolving fast, and the UK’s principles-based approach to AI regulation has to keep pace.”
Lewis is pragmatic about AI’s place in his own profession. “AI won’t replace patent attorneys—but it can enhance us. We are incorporating AI into our practice, enhancing and streamlining its normal operation. However, there’s a big caveat: it only works well in the hands of someone who knows what they’re doing. You need expertise to ask the right questions and spot the hallucinations.”
High Stakes, Higher Standards
Lewis also has an insider’s view of the UPC, Europe’s new patent enforcement regime. “It’s faster and cheaper—but also higher risk. If a core piece of IP is critical to your business, you need to tread carefully. Many clients are cautiously sticking with the national systems, at least for now.”
His attention to detail has paid off in difficult cases. He recounts one where the client’s own journal publication was blocking a grant. “It came down to a date in the metadata. I challenged the examiner’s assumption and found the proof. That was the turning point. Once we removed that document from consideration, all the related objections fell away.” The lesson? “Never assume the examiner is right—go back to first principles.”
Beyond the Desk
Outside the office, Lewis has a few unexpected pursuits. He’s currently tackling the Couch to 5K programme and recently walked 35 miles of the Wirral Way. “It’s not quite a marathon yet,” he laughs, “but I’m enjoying the journey.” He’s also revisiting classic Stephen King novels. “I read ‘Thinner’ recently—his early stuff has a certain edge to it.”
These interests, Lewis says, help him connect with clients. “It’s about more than just law. Clients are people. If you can relate to them, they’re more likely to trust you with their ideas.”
Looking Ahead
As for the future of IP law? “All eyes are on AI. It’ll reshape how we examine, register, and enforce IP. But we need to stay human in how we use those tools. There will always be a place for patent attorneys—so long as we evolve with the technology.”
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From ballroom dancing and ten-pin bowling to guiding cutting-edge startups through the complexities of intellectual property, Andrew Flaxman has certainly had a diverse journey. Today, as a partner at Bristol-based IP firm Stevens Hewlett & Perkins (SH&P), Andrew is a passionate advocate for startups and a specialist in software, computing, and AI-related patents.
The Path to Patents
Andrew didn’t set out to become a patent attorney. In fact, it wasn’t until the final week of university that he picked up a leaflet that introduced him to the profession. With a love of physics, a knack for language, and a curiosity about the law, the role seemed like the perfect fit. He began his career in London before making the move to Bristol, eventually rising to partner level, and joining SH&P earlier this year.
A Day in the Life (Is Never the Same)
“There’s no typical day,” Andrew says. “I might be dealing with emails, drafting patents, speaking to clients, attending partner meetings, or at a conference. Every day brings something new.”
That dynamic workday is part of what makes the job so compelling—especially for someone who thrives on innovation and the unknown.
Championing Startups
Andrew’s enthusiasm shines when it comes to supporting early-stage ventures. He works closely with the SetSquared Bristol community and is especially proud of SH&P’s initiative Pitch and Protect, which awarded £10,000 in IP support to a start-up to help them get their first patent on file.
“Startups are looking for advisors who genuinely want to help,” he says. “We’re flexible and hands-on—being part of a firm that can adapt quickly is a real advantage.”
Debunking IP Myths
One of the most common misconceptions Andrew encounters? “Startups often think there’s no point in filing patents because they can’t afford to enforce them,” he explains. “But having IP can deter infringement and is a valuable business asset. It’s normally better to have rights than to have none at all.”
He also frequently hears from clients in computing and software who wrongly believe their ideas can’t be patented. “It’s a grey area, but certainly not impossible. I spend about 80% of my time working in this space. If in doubt, just have a conversation with a patent attorney.”
IP Trends and Tech Frontiers
Andrew is especially excited about the potential in robotics and automated systems—particularly when combined with AI.
“AI is already being used to help diagnose medical conditions, but we’re not far from seeing robotic surgery controlled by AI, even without a human surgeon. It’s incredible—and IP plays a crucial role in protecting that innovation.”
He’s also watching how generative AI is shaking up the IP profession itself. While some tools can assist with tasks like drafting, Andrew believes the nuance of legal language and strategic thinking still firmly requires a human touch.
Advice to Aspiring IP Professionals
“You need a strong technical foundation, but also great communication skills and an eye for detail,” he says. “So much of our work comes down to how we use words and what they mean.”
Keeping Skills Sharp
Andrew stays current the same way many of us do: reading articles, attending seminars, and yes—occasionally checking Wikipedia. “We learn a lot from our clients too,” he adds. “Conversations with inventors are often the best education.”
The Reward? Seeing Clients Succeed
“The most fulfilling part of my job is helping startups on their journey—from first filing to commercial success. You feel like part of the team, and their wins feel like your own.”
Fun Fact: From the Dance Floor to the Finish Line
Not many patent attorneys can say they were once a ballroom dancing champion, but Andrew can. Taught by his mother, he won several competitions as a child before trading dance shoes for rugby boots. He later became a ten-pin bowling champ, and today, he’s an Ironman triathlete who completed Ironman Wales and is training for his next race in Leeds.
If He Could Invent Anything…
“A time machine,” Andrew says without hesitation. “Not to go to the future, but to visit key moments in history—just to see what life was really like.”
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