Legal Guidance and Research / Experts / Ben Tolley
Ben Tolley#13578

Dr Ben Tolley

Mewburn Ellis
Ben does patent work in the life sciences sector. This includes drafting and prosecuting UK, European and International patent applications. The majority of his practice is engaged in 'defending' or 'attacking' patents in opposition and appeal proceedings before the EPO.

Areas of Expertise
• Microbial inoculants for plant growth, protection and bioremediation
• Plant, algal & microbial biotechnologies
• Microbiome technologies
• Genetic technologies, including nucleic acid editing tools, riboswitches and expression systems
• Synthetic biology
• Biologics, nucleic acid and antibody therapeutics

Practice Area

Panel

  • Contributing Author

Experience

  • FR Kelly (Dublin) (2017 - 2019)
  • HGF LLP (London) (2013 - 2017)

Membership

  • Institute of Professional Representatives before the European Patent Office (EPI)
  • Chartered Institute of Patent Attorneys

Qualifications

  • European Patent Attorney (2017)
  • PG Certificate IP Law (2014)
  • Ph.D (Plant Molecular Biology) (2012)
  • BSc (Hons) Biological Sciences with Industrial Experience (Plant Sci) (2007)

Education

  • University of Cambridge (2007-2012)
  • Royal Botanic Gardens, Kew (2005)
  • University of Manchester (2003-2007)
  • Universidad de Guadalajara (2002)

1 Contributions by Ben Tolley

EU plant variety rights and plant biotech IP: CPVR eligibility, DUS testing, enforcement, breeders’ and farm-saved seed exemptions, patentability limits, NGT reforms, and Nagoya/GRATK disclosure
PRACTICE NOTES
EU plant variety rights and plant biotech IP: CPVR eligibility, DUS testing, enforcement, breeders’ and farm-saved seed exemptions, patentability limits, NGT reforms, and Nagoya/GRATK disclosure
Intellectual property (IP) protection for plant-related inventions Protection for plant-focused inventions is available through the patent system and through plant variety protection. Plant variety rights (PVRs) are an IP right granting the owner exclusive control over commercialisation of propagation material and permitting the collection of royalties, for example by granting licences to propagate and market the variety. This Practice Note sets out the IP protection for specific plant varieties, referred to as plant variety rights (PVRs) or plant breeders’ rights. It covers the EU framework for the Community plant variety right (CPVR). It details the validity criteria for PVR protection, the standards for infringement, and the compulsory licensing of PVRs. This Practice Note also considers patent protection for plant-related inventions, including groups of plants exhibiting a shared characteristic and plant protection products such as pesticides. For guidance concentrating on the UK framework for PVRs, see Practice Note: Plant variety rights and other plant-related IP protection—UK...
Life Sciences
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