Nicole Jadeja

Pinsent Masons

I am an IP litigator specialising in patent litigation in the life sciences sector. Having graduated with a science degree, I spent several years working in clinical trials in the pharmaceutical industry, before qualifying as a lawyer. Whilst I have litigated all types of IP, my experience in recent years has been litigating for pharmaceutical companies. As well as being an experienced litigator in the UK Courts and the European Patent Office, I have experience of litigating in the Court of Justice of the European Union having worked on two seminal cases which were referred to this Court, one concerning SPCs and one concerning counterfeit goods in transit. I frequently advise on multi-jurisdiction patent disputes, co-coordinating litigation in various European and other jurisdictions. I am Vice Chair of the IP Committee of the BioIndustry Association and a member of the Life Sciences Committee of the Chartered Institute of Patent Attorneys. I frequently speak at industry events, particularly on SPCs.

Contributed to

2

Biotechnology patents

Practice notes

This Practice Note sets out which biotechnological inventions can and cannot be patented. It refers to Directive 98/44/EC (often known as the Biotechnology Directive) and Schedule A2 to the Patents Act 1977, which permit biotechnological inventions to be patented but provide some important exceptions. These exceptions have been subject to interpretation by the Court of Justice in cases such as Oliver Brüstle v Greenpeace and Monsanto v Cefetra. This Practice Note also considers the exclusions to patentability under Article 52(b) of the European Patent Convention (EPC) and the relevant European Patent Office (EPO) case law, Tomatoes I, Tomatoes II and Broccoli II. Finally, it considers the 2017 European Commission Notice on biotechnological inventions.

Life Sciences

Supplementary protection certificates and paediatric extensions—UK

Practice notes

This Practice Note provides an introduction to supplementary protection certificates (SPCs) and paediatric extensions in the UK. It explains the rationale for their introduction, how and when to apply for them and how long they last. This Practice Note also considers the key judgments on SPCs from the courts of England and Wales and guidance on SPC procedure issued by the UK IPO. It also discusses many references to the Court of Justice concerning the interpretation of Regulation (EC) 469/2009 and Regulation (EC) 1610/96, which govern SPCs for medicinal products and plant protection products in the EU (and, prior to Brexit, in the UK). The resulting Court of Justice decisions have shaped the scope of SPC protection in the EU and UK.

Life Sciences