Tag: biotech

From diagnostics to cannabis-based therapeutics, Sophie Topham’s career in biotech patent law has been anything but predictable. A Senior Associate in the biotechnology team at Marks & Clerk, Sophie’s calm, analytical approach is matched by a refreshing curiosity—qualities that have made her an invaluable asset to clients and colleagues alike. We caught up with her to hear about her work, career path, and the rare case that led to one of her most widely read articles.

From Immunology to Innovation

Sophie’s current docket spans a broad range of biotechnology innovations. While she regularly works with immunology-based diagnostics and oncology-related inventions (including peptide vaccines and tools for identifying oncogenic mutations), her work is as diverse as the biotech field itself.

“Over the last few years, I’ve also worked in the cannabis field, particularly with extracts and synthetic cannabinoids for medical uses,” she explains. “And more recently, I’ve seen an increase in devices—some that resemble ELISAs on a chip, others that use antibodies in more novel ways.”

Despite the increasing overlap between biotech and AI, Sophie admits she still has a soft spot for what she calls “pure biology.” “As a biologist by training, those are the ones I find the most intuitive to work with.”

A Curious Case of Prior Art

In 2024, Sophie penned an article about an unusual and educational experience: having a client’s own clinical trial proposal cited as prior art against their European patent. It was the first time she’d encountered such a scenario—and it proved just as useful for the IP community as it did for her personally.

“Opponents in an EPO opposition cited the client’s trial proposal, which we hadn’t seen before due to a team change on the client’s side,” she recalls. “I had to dig into the case law to understand how such documents are interpreted, especially regarding whether the invention was truly disclosed.”

The case raised interesting questions around whether and how other documents—such as scientific publications—can be used to interpret clinical trial proposals, and how that squares with the EPO’s guidelines.

Understanding the Unusual

Sophie is quick to point out that having clinical trial proposals cited as prior art is still uncommon. “Patent applications in biotech typically don’t require clinical data to be granted. In vitro data is often sufficient for meeting plausibility requirements, so most companies file before trials begin,” she says.

Still, her experience highlighted how easy it is for assumptions to trip up even the most diligent teams. “We’ve seen clients express genuine surprise that their own publications can be cited against them—especially in Europe where there’s no grace period.”

The Route Not Taken

Like many in the IP profession, Sophie’s path wasn’t a straight line. “I originally wanted to be an airline pilot,” she laughs. “But when airlines stopped sponsoring training, the cost became unrealistic. Then I remembered a careers talk we had at university about being a patent attorney. I looked into it, and here I am.”

With a background in biological natural sciences from Cambridge, Sophie’s analytical mindset found a perfect home in IP law. She’s since seen applications through from drafting to grant, oppositions, and even appeals.

“Seeing something I’ve written be granted—and knowing I helped a startup gain recognition through their patent—those are the highlights,” she says.

Life Outside the Office

When she’s not deep in a patent claim, Sophie is rarely still. “I always try to move—walk, cycle, yoga, strength training. Even when working from home, I’ll build exercise into my day.” She’s part of a cycling club and makes time for a proper lunch break most days—usually with some kind of movement.

Evenings are more relaxed: cooking from scratch, reading anything from spy novels to translated Japanese fiction, and planning her next getaway. This summer, she’ll finally fulfil a childhood dream—horse riding along the beaches of Morocco with her twin sister.

If Only There Were More Hours…

When asked which fictional invention she’d most like to patent, Sophie doesn’t hesitate: “Hermione Granger’s Time-Turner. I’d love more hours in the day. If I knew how it worked, I’d make one!”

With her blend of sharp legal insight and grounded, genuine enthusiasm for the science behind the patents, Sophie brings a distinct human touch to biotech IP. Whether she’s tackling tricky prior art or galloping down a Moroccan beach, she’s doing it with purpose and passion.

Connect with Sophie

🔗 View Sophie Topham’s profile on LinkedIn

🔗 Marks & Clerk – Sophie Topham’s company profile

About Marks & Clerk

Marks & Clerk is a leading international firm of intellectual property experts, providing comprehensive patent, trade mark, design, and litigation services. With a global presence and deep sector knowledge, Marks & Clerk supports innovative companies from startups to multinationals in protecting and leveraging their IP assets.

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