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.
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.
How PatWorld Supports Biotech Innovators
At PatWorld, we help biotech companies, attorneys, and researchers access fast, reliable, and intuitive global patent search tools. Our advanced search and analytics features enable professionals like Sophie to:
Southeast Asia is emerging as a key player in global manufacturing and innovation, making intellectual property (IP) protection more crucial than ever. In this edition of Meet the IP Professional, we sit down with James Kinnaird, a Partner at Marks & Clerk Singapore LLP, to discuss the evolving IP landscape in the region, the challenges faced by regional businesses, and strategic insights for companies looking to innovate or manufacture in this dynamic market.
From Research to IP Law: James Kinnaird’s Journey
James Kinnaird’s career in IP law began with a shift from scientific research. After completing a Ph.D. in the UK and postdoctoral studies in the U.S., he worked in the pharmaceutical sector but soon found himself drawn to a career that would allow him to engage with a broader range of innovations.
“I enjoyed research, but I was also keen to explore a role where I could see a wider variety of cutting-edge technologies without being limited to a single project or field,” he explains. “IP law provided the perfect combination of scientific insight and strategic thinking.”
His decision to move to Singapore was both personal and professional. With its unique blend of Western and Asian influences, it was an ideal location for his family. Professionally, the region’s rapid economic growth and expanding middle class presented an exciting opportunity to work with businesses looking to protect and commercialize their innovations.
Why Southeast Asia Matters for IP Protection
Many businesses outside the region overlook Southeast Asia when considering IP protection. However, James emphasizes that ignoring this market is a missed opportunity.
Southeast Asia is home to four of the “Mighty Five” (Malaysia, Indonesia, Thailand, and Vietnam) – countries identified as key destinations for global manufacturing and innovation. With rapid economic development, growing middle-class consumers, and an increasing shift of production away from China, the region presents immense commercial potential.
“By 2030, ASEAN’s population is projected to reach 723 million, with 70% classified as middle class,” James notes. “Companies must plan their IP strategy with this long-term growth in mind, much like how businesses planned for the rise of China and India 10-15 years ago.”
Challenges for Regional Companies Moving Beyond Suppliers
For many Southeast Asian businesses, the challenge isn’t just protecting their innovations but transitioning from being simple suppliers to global players.
James explains a common scenario: A brand approaches a supplier with a problem, the supplier finds a solution, but ultimately, the brand claims ownership of the IP, leaving the supplier with no manufacturing guarantees.
To counter this, he advises companies to take a proactive approach to innovation:
File patents before engaging with brands – This ensures ownership of key technologies and prevents brands from taking IP elsewhere.
Leverage IP for negotiation power – Patents allow suppliers to dictate terms rather than being at the mercy of brand decisions.
Consider licensing deals – If a supplier lacks manufacturing capacity, licensing can open new revenue streams.
This shift in mindset can transform businesses from mere service providers to essential partners in the global supply chain.
The Role of IP in Business Strategy
Building a strong IP portfolio isn’t just about patents. Businesses need a comprehensive strategy that aligns with their long-term goals. James highlights key considerations:
Business-to-business vs. business-to-consumer – Companies need to balance patents with trademark protection, particularly if building a recognizable brand.
Trade secrets management – Many businesses underestimate the importance of protecting trade secrets, including ensuring that employees leaving the company don’t share proprietary knowledge.
Choosing where to file – Filing patents everywhere can be costly. Instead, James suggests focusing on:
Key markets for sales
Countries with robust IP enforcement
Major manufacturing hubs to prevent IP theft
Lessons from the Region: Effective IP Strategies
A strong example of a Southeast Asian company growing into a global player is Thai Union, the Thai seafood giant that owns brands such as John West. While its expansion has been driven primarily by acquisitions rather than IP, the company’s strategy demonstrates how regional firms can scale internationally by leveraging branding, supply chain strength, and market positioning.
Another approach that has worked well in the region is establishing start-up-style subsidiaries. Large Southeast Asian conglomerates have begun experimenting with direct-to-consumer brands, securing patents early to lock in exclusivity and drive market growth.
Preparing for the Future of IP in Southeast Asia
Looking ahead, James sees IP protection becoming even more critical as Southeast Asia cements itself as a global innovation hub. However, he warns that companies must think regionally, not just locally.
“For example, if you secure your IP in Singapore but ignore other ASEAN countries, you risk facing copycats,” he says. “We’ve seen companies attend a trade show in Singapore, only to discover years later that a competitor in the Philippines has copied their brand and products entirely.”
James predicts that while ASEAN is unlikely to have a unified patent system (like the European Patent Office) anytime soon, companies must work with local experts to navigate the diverse legal landscape effectively.
A Passion for Travel and Creativity
When he’s not navigating the complexities of IP law, James enjoys exploring Southeast Asia’s diverse cultures. Living in Singapore provides the perfect base for travel, and over the years, he has visited destinations across Thailand, Malaysia, Japan, Indonesia, and beyond. One of his favorite trips involved visiting Japan’s ancient city of Kyoto, known for its stunning temples and vibrant history.
Closer to home, James also enjoys a more creative pursuit—miniature painting. A hobby that requires patience and precision, he finds painting miniatures to be a relaxing counterbalance to his professional life. Encouraging creativity within his family, he spends time painting alongside his young daughters, who have developed their own artistic talents. “My six-year-old has already started creating anime-style drawings,” he says proudly.
How Marks & Clerk Supports Companies in Southeast Asia
Marks & Clerk Singapore LLP has been at the forefront of IP protection in the region for over 30 years, supporting both local and international clients with:
Patent drafting and prosecution
Freedom to operate analysis and infringement advice
Litigation support and trade mark enforcement
IP due diligence and training programmes
Regional IP strategy development across ASEAN
With deep expertise in the Southeast Asian market and strong relationships with trusted local firms, Marks & Clerk helps businesses navigate the complexities of regional IP laws.
For more information on how Marks & Clerk can support your IP strategy, visit Marks & Clerk Singapore.
To connect with James Kinnaird, reach out via LinkedIn.
Postscript: Understanding the Mighty Five and ASEAN
For those unfamiliar with the terms referenced in this article:
The Mighty Five (MITI-V): This refers to five countries – Malaysia, Indonesia, Thailand, India, and Vietnam – identified as emerging manufacturing powerhouses. The term is inspired by earlier economic groupings like BRICS (Brazil, Russia, India, China, and South Africa). These countries are seen as the next major destinations for global manufacturing, particularly as businesses look to diversify supply chains beyond China.
ASEAN (Association of Southeast Asian Nations): A regional intergovernmental organisation comprising ten Southeast Asian countries: Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam. ASEAN promotes economic growth, political stability, and trade collaboration among its member states. With a combined population larger than the European Union, ASEAN is rapidly becoming one of the world’s most significant economic regions.
Understanding these economic blocks is crucial for businesses looking to expand manufacturing operations or protect intellectual property in Southeast Asia.
How PatWorld Supports IP Professionals
At PatWorld, we understand the importance of precision and insight in IP research and analysis. We are proud to support professionals like James Kinnaird with our expert patent search services, helping firms make informed decisions with confidence. Whether you require a freedom-to-operate search, prior art search, or competitor analysis, PatWorld’s experienced team is here to assist. Find out more and order a search at https://patworld.com/gb/order-a-search/.
PatWorld is committed to spotlighting the professionals shaping the future of intellectual property. Stay tuned for more insights from industry leaders.
In this edition of our Meet the IP Professional series, PatWorld is delighted to feature Yann Robin, a Principal Associate and Patent Attorney at Marks & Clerk. With a career spanning over 17 years, Yann has built a reputation for his meticulous approach to intellectual property, combining technical expertise with a deep understanding of client needs. We spoke to Yann about his journey through triathlons, chemistry and patents, the evolving role of foreign languages in patent law, and the importance of tailoring IP strategies to meet diverse client priorities.
Falling into IP: Yann’s Unexpected Path
Unlike some who enter the IP profession with a clear vision, Yann’s path was more serendipitous. After completing his postgraduate studies at the University of Strathclyde, Yann began his career at Thomson Derwent, working on patent classification tools. His work involved assigning codes to patents, particularly in the field of chemistry and polymers. This experience sparked his interest in patents and naturally led him to pursue a career as a patent attorney.
“I didn’t have a lifelong ambition to work in IP; I simply followed the opportunities my career presented,” Yann reflects. “But I’m glad I did. It’s a fascinating and rewarding field.”
The Power of Languages in IP Practice
As a native French speaker, Yann’s language skills have long been an asset in his practice. When he started in the profession in 2007, proficiency in a second language—particularly one of the EPO’s official languages—was highly valued. This was because access to machine-generated English translations was not as widespread as it is today.
While machine translation tools have advanced dramatically, Yann highlights that fluency in foreign languages remains invaluable in certain circumstances. “There are still instances where a precise understanding of a foreign language is essential,” he explains. For example, a recent freedom-to-operate analysis required Yann to review a French competitor’s EP patent and the associated French prior art. In this case, subtle linguistic nuances in the claims and prior art documents meant machine translations could not be solely relied upon. Yann’s fluency in French allowed him to provide his client with the clarity needed to make a sound commercial decision.
Although machine translations will likely continue to improve, Yann believes there will always be circumstances where working with the original language is indispensable. The subtleties of technical and legal terms often defy perfect translation, making human expertise a necessity.
Tailoring IP Strategies to Diverse Client Needs
Yann’s client base is diverse, ranging from individual innovators and start-ups to SMEs and multinational corporations. This breadth of experience has reinforced his belief that no two clients are the same. “The most critical point is to first understand the client’s situation and commercial goals, both short-term and long-term,” he says.
He recalls a client, a local SME specialising in cancer diagnostics, who successfully secured a significant round of funding. Their robust patent portfolio, developed with Yann’s guidance over a decade, played a key role in this achievement. This example underscores the importance of aligning IP strategy with a company’s growth trajectory and commercial objectives.
Yann emphasises that budget constraints often shape the IP strategies of start-ups and SMEs. He and his team at Marks & Clerk address this by offering tailored solutions, including a dedicated Start-up Offering and access to IP Audits to help businesses get a cost-effective start on their IP journey.
Sustainable Innovation: A Personal and Professional Interest
Sustainability is a growing area of importance in IP. I find it exciting both technologically and because it aligns with my belief that we need to find solutions to the environmental challenges we face.
Combining his professional expertise with personal values, Yann is actively involved in Marks & Clerk’s Sustainable Materials Group. This initiative focuses on supporting clients developing eco-friendly and innovative materials. “Sustainability is a growing area of importance in IP,” Yann explains. “I find it exciting both technologically and because it aligns with my belief that we need to find solutions to the environmental challenges we face.”
Building Long-Term Relationships
For Yann, building trusted, long-term relationships with clients is fundamental. “Our job is to advise as best we can, and that means understanding the people behind the businesses,” he notes. Regular dialogue and staying attuned to a client’s evolving needs enable him to deliver advice that is not only legally sound but also commercially practical.
Advice for Aspiring IP Professionals
For those considering a career in intellectual property, Yann offers honest and practical advice: “Be patient and stay humble. It takes time to develop the technical, legal, and client-facing skills needed to become truly independent as a patent attorney. You may come into the profession with an impressive academic background, but you’ll need to embrace the learning process, sometimes at a pace which may feel frustratingly slow”
Beyond the Office: Triathlons, Trail Runs, and Outdoor Adventures
Away from the world of patents, Yann is a passionate outdoor enthusiast. He enjoys trail running, cycling, open-water swimming, and competing in triathlons. “I’ve been doing triathlons for almost 10 years now,” Yann shares. “Like most people who dip into that world later in life, I started with shorter distances like Sprint or Olympic, then moved on to longer distances. I tend to do a couple of events a year. I completed my first Ironman distance last summer in Northumberland, finishing an unexpected third overall. One of the most unusual events I did was a half-ironman night race near Aviemore, starting at midnight with a swim in Loch Morlich in complete darkness, followed by biking through the night and running up Cairn Gorm at sunrise—a truly unique experience!”
He also has a lesser-known trait—a photic sneeze reflex. “I sneeze when I look at bright sunlight,” he laughs. “Apparently, it affects around 20% of people, but it still surprises my colleagues!”
Looking to the Future
Yann predicts that while machine translation tools will continue to improve, the need for human linguistic and cultural understanding will persist. The nuances of IP law and the complexity of technical inventions will always require the expertise of a skilled professional who can interpret beyond the limitations of automated tools.
At PatWorld, we understand the importance of precision and insight in IP research and analysis. We are proud to support professionals like Yann Robin with our expert patent search services, helping firms make informed decisions with confidence. Whether you require a freedom-to-operate search, prior art search, or competitor analysis, PatWorld’s experienced team is here to assist. Find out more and order a search at https://patworld.com/us/order-a-search/.
PatWorld is committed to spotlighting the professionals shaping the future of intellectual property. Stay tuned for more insights from industry leaders.
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