Sam Bailey

Sam is an accomplished UK and European patent attorney specialising in chemistry and materials science, with a particular interest in battery technology and pharmaceutical chemistry. He has extensive experience and a proven track record of success in securing and defending IP rights for his clients.

Sam's thriving patent practice includes top-ranked UK universities and companies ranging from small start-ups to large multinationals. His ability to genuinely understand complex technologies and their real-world implications enables him to develop effective global strategies that align with his clients' business objectives

Sam takes great pride in representing his clients' interests and deploying his advocacy skills to deliver exceptional results in EPO oppositions and appeals. He devises winning arguments that are both persuasive and commercially advantageous for those he acts for.

Technical Expertise

Sam has over two decades experience protecting pharmaceutical products for high profile multinational companies, including work on small molecule patents and innovative drug formulations.  He has been involved in building and defending patent portfolios protecting drug products that help to bring to market numerous pharmaceuticals. Sam also possesses expert knowledge relating to the highly specialised law surrounding Supplementary Protection Certificates (SPCs) for pharmaceutical products.

In contrast to his work with pharmaceutical products, Sam is also fascinated by the chemistry making its way to market in battery and energy storage technologies and he represents numerous clients in this area.  His interest in this field is driven by a passionate belief that the technology is a vital part of the transition to carbon-free energy. As part of this, Sam handles patent portfolios relating to both essential battery chemistries (electrode materials, electrolytes and battery separator films) but also adjacent technologies such as silicone polymers and potting compositions that form an essential part of many energy storage systems.

Reflecting his technical specialisms, Sam has a geographical interest in the US and regularly visits clients and attends technical conferences in North America, particularly in California. 

EPO Oppositions Expertise

Sam has extensive experience representing clients’ interests in opposition and appeal cases at the EPO with some notable highlights including:

EP3173071: Le Vet B.V. vs Krka and Anonymous opponent - Successful defensive opposition of a patent related to anti-sickness medication for companion animals. The main request was maintained at the opposition and the appeal is ongoing.

EP1870476: Ajinomoto vs Kyowa Hakko Kogyo Co., Ltd. -  Successful offensive opposition relating to a patent for a process for forming an amino acid. Sam successfully revoked the patent entirely.

EP2694072:  Genentech, Inc. vs Generics (UK) Ltd. - Successful defensive opposition of a patent (Opposition Division and Appeal) relating to a patent for treatment of prostate cancer. The main request was maintained.

EP2548858: Dalian Institute of Chemical Physics vs Avantium Knowledge Centre - Successful defensive opposition of patent relating to a manufacturing process for a basic chemical compound.  Maintained based on the main request.

Nippon Paint vs PPG industries - Sam has worked on multiple successful defensive opposition cases which cover various compositions and methods relating generally to metallic paints.  In each case, the patent was maintained based on main request or first auxiliary request.

Qualifications and Career

Sam has a Masters degree in chemistry (MChem) from the University of Oxford and remained there to study the chemistry of carbon nanotubes for his PhD. He joined Mewburn Ellis in 2002 qualifying as a European Patent Attorney in 2006 and a UK Chartered Patent Attorney in 2007. He joined the partnership in 2010.  Sam is also qualified to represent clients at the UPC. 

Aside from his patent work, Sam is extensively involved in assessing new graduate applicants applying to Mewburn Ellis and he takes pride in being an important part of the interview team who have the responsibility of selecting the next generation of attorneys.

Published Articles

Sam has written many articles on the topic of Energy Storage technologies, which mirrors his fascination for innovations in this field.  His content has been featured in a variety of leading industry and IP publications such as: Chemistry Industry Journal, Green Business Journal, The Patent Lawyer, The Chemical Engineer and IAM.

Utilising his interest in and knowledge of the battery industry, Sam was heavily involved in the production of Mewburn Ellis’ Battery Insights & IP Trends special report   

Sam also led on the Mewburn Ellis special report Pharma and Life Sciences Patent Extensions in Europe

Memberships and Affiliations

Sam is a member of the Chartered Institute of Patent Attorneys (CIPA) and The Institute of Professional Representatives before the European Patent Office (epi).

Sam is also a member of the Volta Foundation a network that fosters collaboration, innovation, and advocacy for Battery Professionals.