Gareth is highly skilled in contentious IP having represented clients in many Opposition and Appeal hearings at all levels of the European Patent Office. Gareth is well placed to advise clients on the Unified Patent Court (UPC).
For the last 10 years Gareth has held senior positions at two leading IP firms. He is now the head of the EIP HealthTech practice group protecting innovations in the medtech and healthcare sectors. In addition, his practice covers food and fragrance technologies and the crossover area of chemistry and biotech.
Gareth has a track record of success in high-value difficult cases, including in several oppositions which were carried out in conjunction with parallel litigation proceedings. During his 20-year career in the profession Gareth has gained substantial experience in medtech and healthcare, in particular the FMCG, formulation, peptide, food and chemical sectors. He is a member of the CIPA Life Sciences Committee and the FICPI UK Council.
Gareth has a PhD in Synthesis using Zirconocene and a degree in Chemistry and Organic Chemistry, both from Southampton University.
Experience
- Acting for AstraZeneca's Nexium patents to defend them against multiple opponents (19 opponents against two patents).
- Leading commercially significant opposition cases for Novo Nordisk which concerned protection of important products.
- Represented Edwards Lifesciences in several significant medtech oppositions.
- Achieved a commercially successful result for a client in an admissible Petition for Review involving a hearing before the Enlarged Board of Appeal.
Published articles
- June
INTA, IP on the C-Suite Radar - December 2022
Food and Drink Technology, Eating to save the planet (link) - July 2022
Lawyer Monthly, Why European Patenting is Back on Track (link) - August 2021
Life Sciences Lawyer, Patenting implications of personalized healthcare boom (link) - August 2021
Whitepaper, What's Next For Medtech? (link) - July 2020
The Patent Lawyer Magazine, Supplementary Protection Certificates in the UK - what happens after Brexit?
Education
-
1993 — 1996
PhD Synthesis using Zirconocene, Southampton University -
1989 — 1993
BSc Chemistry and Organic Chemistry, Southampton University
Career history
- 2020 — present
Partner, EIP - 2018 — 2020
Partner, HGF - 2010 — 2017
Partner, Potter Clarkson - 2004 — 2009
Associate and Senior Associate, Potter Clarkson - 2002 — 2004
Associate, WP Thompson - 1999 — 2002
Assistant, Forresters - 1996 — 1998
Synthetic Organic Chemist, Tocris
Awards and recognition
- IAM Patent 1000 2024 (link)
- IAM Patent 1000, 2023. 'Probert is the head of healthtech and a former organic chemist. Clients in industries ranging from food and fragrance chemistry to biotech and life sciences are well represented, thanks to his tenacious advocacy skills.' (link)
- Recommended IAM Patent 1000, 2022. Gareth "is especially proficient when running them (medical devices) in tandem with parallel litigation". (link)
- Legal 500, 2022 (link)
- Recommended IAM Patent 1000, 2021. (link)
- Legal 500, 2021
- CIPA Gill Prize, 2002 - highest mark in the UK patent qualifying exams
Speaking engagements
- November 2021
CIPA Life Sciences Conference , Speeding Ahead at the EPO - November 2021
Loughborough University, Intellectual Property in Additive Manufacturing - September 2021
Medilink Midlands, Webinar: Additive Manufacturing & 3D Printing Special Interest Group (SIG) (link) - January 2021
CIPA/EPO Seminar , Oral Proceedings and Examiner Interviews - November 2020
CIPA Life Sciences Conference , EP Case Law Update (Implications of Covid 19 on Prosecution Implications of Covid 19 on Proceedings at EPO G3/19 Decision)
Specialisms
Digital
- Additive manufacturing
- Digital health
- Fintech
- Semiconductors
- Telemedicine and remote surgery
Dynamics
- Additive manufacturing
Elements
- Cosmetics & fragrances
- Food & flavour ingredients
- Pharmaceuticals
- Polymers
- Semiconductors
HealthTech
- Additive manufacturing
- Digital health
- Femtech
- Medical devices
- Personalised healthcare
- Surgical tools and implants
- Telemedicine and remote surgery
Life
- Agritech
- Pharmaceuticals