Monika Rai

Partner, UK and European Patent Attorney, Solicitor, UPC Representative
London
mrai@eip.com

Biography

Monika is a life sciences specialist with a track record of achieving successful outcomes for clients in challenging cases. She has particular expertise in contentious proceedings at the European Patent Office, often involving multiple parties, and in advising on strategically significant patent portfolios. She regularly provides freedom to operate and validity opinions and has also coordinated and advised on major IP due diligence projects. Her dual qualification as a Patent Attorney and Solicitor has led to involvement in multi-forum and multi-jurisdictional patent litigation in the life sciences sector and she is well placed to represent clients in this sector before the new Unified Patent Court (UPC).

With a background that is legal as well as scientific, and by combining a strategic approach with attention to detail, Monika has built a reputation for her advocacy in EPO examination and opposition proceedings. She has represented some of the world's most innovative organisations in the healthcare and pharmaceutical sector in technical areas including cancer immunotherapy, microbiome therapeutics, gene therapy, therapeutic nucleotides and peptides, personalised medicine using AI and machine learning, antibody discovery and diagnostics. She also advises clients harnessing the power of biotechnology and microbiology in the agriculture, food and cosmetics sector.

Monika’s professional experience of over two decades includes private practice experience in the UK and India as well as in-house experience supporting the biologicals and biopharma teams at a global healthcare company. She is also well placed to advise clients on the Unified Patent Court (UPC).

Recent Work
  • Achieving revocation of Translate Bio, Inc. mRNA therapy patents EP3318248 (T0197/22) and EP2506857 (T1302/21) after EPO Board of Appeal hearings in March 2024.
  • Achieving revocation of CureVac patent EP2101823 relating to mRNA coded antibodies at the EPO.
  • Representing a leading diagnostics company in EPO oppositions and due diligence projects relating to various biomarkers and assays. This included representing them before EPO Opposition Division and Board of Appeal in achieving revocation of Bio-Rad patent EP1504266 relating to HCV and HIV assays.
  • Representing Seres Therapeutics before EPO Opposition Division in opposing EP2575835 relating to microbiome therapy in the name of University of Tokyo.
  • Representing Sanofi in EPO prosecution of gene therapy portfolio and in opposing Silence Therapeutics patents EP1857547 and EP2258847 in the field of RNAi.
  • Defending EP2569633 in the name of General Hospital Corporation and Dana Farber Cancer Institute against 5 oppositions, obtaining grant of divisional EP3023788 and related EPO prosecution in the field of neoantigen cancer vaccines.
  • Defending EP1639112 in the name of Genzyme Corporation relating to Novel beta-actin promoters.
Publications
Education
  • LLM (Intellectual Property) - London School of Economics and Political Science, University of London (2002 — 2003)
  • LLB - Campus Law Centre, University of Delhi (1999 — 2002)
  • BSc (Hons) Botany, Zoology and Chemistry - University of Delhi (1996 — 1999)
Languages Spoken
  • Hindi
Career History
  • Partner at EIP (2020 — present)
  • Partner at Mathys & Squire (2016 — 2020)
  • Associate at Mathys & Squire (2014 — 2016)
  • Consultant at GlaxoSmithKline (2012 — 2013)
  • European Patent Attorney at Olswang (2008 — 2012)
  • Technical Assistant at Kilburn & Strode (2007 — 2008)
  • Advocate at Groser & Groser (2004 — 2006)
Specialisms
  • Digital: Digital health
  • Elements: Food & flavour ingredients, Pharmaceuticals
  • HealthTech: Digital health, Medical devices, Personalised healthcare
  • Life: Agritech, Biologics, Biotech, Cell therapy, Gene editing, Immunotherapy, Microbiome, Pharmaceuticals

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