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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Championing Innovation in Life Sciences
For Julia D’Arcy, European Patent Attorney and Director at Harrison IP, intellectual property is more than just legal frameworks and technical jargon. It’s a dynamic field that keeps her at the cutting edge of scientific innovation. As a Chartered and European Patent Attorney, Julia has carved out a distinguished career in intellectual property. She specialising in the chemical, pharmaceutical, and medical sectors. Her expertise spans a diverse range of technologies, from biocompatible prostheses to advanced drug delivery systems, making her an invaluable asset to inventors and businesses alike.
A Journey into IP Law
Unlike the deep specialisation required in academia, Julia was drawn to intellectual property law for its breadth and variety. “In academia, you are asked to focus on a narrow specialism. Working in IP means that you are involved in cutting-edge developments while maintaining a broader specialism and enjoying a great variety of work,” she explains.
Her passion for the field has only grown, fuelled by the ever-evolving challenges of patent prosecution and strategy. Julia has extensive experience navigating the complexities of the UK and European patent offices, where she emphasises the importance of pre-emptive strategy. “Added matter and sufficiency are key aspects to consider before the EPO. To avoid problems during prosecution, it’s useful to provide an array of fall-back positions, highlight preferred combinations, and include as much experimental data as possible in the specification as filed,” she advises.
Understanding Innovation Across Sectors
One of Julia’s greatest strengths is her ability to work across a range of complex life sciences technologies. Whether dealing with medical devices or pharmaceutical compounds, she believes that the key to understanding diverse innovations lies in communication. “Inventors generally love talking about their inventions. Don’t be afraid to ask questions, and try to put what the inventors tell you into your own words during discussions to check your understanding,” she says.
Her problem-solving skills were put to the test when a UK patent she was responsible for was challenged through the Examiner opinion service at the UKIPO. The case highlighted the importance of cost-effective dispute resolution and reinforced her appreciation for tools available to challenge or defend patent validity.
Emerging Trends in Life Sciences IP
With a keen eye on the evolving landscape of IP law, Julia notes the increasing impact of the Unified Patent Court (UPC). “The UPC is proving popular, although the take-up is mixed depending on the technology space,” she observes. While medical technology companies have embraced its lower litigation costs and quicker decisions, pharmaceutical and biotech companies remain cautious. However, she predicts that as UPC case law develops, its adoption will likely increase across the board.
Julia also understands the significance of intellectual property in driving innovation and investment in the life sciences industry. “IP plays a key role in fostering innovation, attracting investment, and preventing unfair exploitation by third parties,” she states. “Filing a patent application allows the applicant to freely discuss their invention with third parties, including VCs and potential licensors, while also creating barriers for potential competitors.”
Tailoring IP Strategies for Every Client
Working with clients ranging from multinational corporations to start-ups and SMEs, Julia tailors her approach to suit each client’s level of IP knowledge and experience. “We try to ensure that the client knows what’s coming next, in terms of likely next actions, complexity, and length of typical prosecution, with clear estimates of likely costs,” she explains. Clarity and communication are at the heart of her practice, ensuring that even clients without a technical background can make informed decisions.
Beyond the Office
Outside of her professional life, Julia enjoys a balance of work and leisure. A devoted dog owner, she and her family began running with their dogs in the park during the pandemic—a hobby that has stuck ever since. “We aren’t fast, and there are lots of breaks for the dogs to sniff, but it gets us out for some exercise, come rain or shine,” she shares.
A pivotal moment in her career and personal life came when she moved from London to Glasgow in 2001 to start a new role in a patent and trade mark company. “I have stayed ever since,” she says, noting that the move led to both professional success and personal fulfilment—her three children are now proudly Scottish.
A Leader in Life Sciences IP
Julia D’Arcy’s expertise, strategic approach, and passion for intellectual property make her a leading voice in life sciences patent law. Whether guiding inventors through the complexities of patent applications or keeping an eye on the latest industry trends, her commitment to innovation and client success is clear.
For those looking to navigate the ever-changing world of IP in the life sciences sector, Julia’s insights and experience offer invaluable guidance.
Harrison IP – Supporting Innovation with Expert IP Advice
Julia is a valued member of Harrison IP. They are a UK-based intellectual property firm specialising in patents, trade marks, and design protection. With a strong focus on life sciences, pharmaceuticals, engineering, and emerging technologies, Harrison IP provides expert advice to help businesses safeguard their innovations. The firm’s client-focused approach ensures tailored IP strategies that align with commercial objectives, from start-ups to multinational corporations.
For more information about Harrison IP and its services, visit www.harrisonip.com.
Connect with Julia D’Arcy on LinkedIn: https://www.linkedin.com/in/julia-d-arcy-22a41115/
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At PatWorld, we understand the challenges that IP professionals like Julia face when handling complex patent matters. Our advanced IP Search services provide the critical insights needed to support robust patent strategies, from prior art searches to competitor intelligence. By equipping professionals with accurate, comprehensive data, we help ensure that innovations are protected and that IP strategies are built on a foundation of strong, reliable information. Whether you’re an experienced patent attorney or an innovator looking for protection, our services are designed to support your success in the ever-evolving IP landscape.
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