Matthew Spencer

Partner

Matthew is a Chartered Patent Attorney and European Patent Attorney and heads up our Cambridge Biotechnology and Life Sciences Group.

Matthew specialises in the preparation and prosecution of patent applications in the biotechnology, pharmaceuticals, biologics and healthcare fields. He regularly provides due diligence and freedom-to-operate advice to his clients in various technical areas and has particular expertise in diagnostic technologies; specifically biomarkers and personalised medicine, especially companion diagnostics, therapeutics including biologics, analyte detection technologies (including bacterial detection), pest control, fermentation processes, stem cell technologies and medical devices. He brings strategic and commercial advice to his clients and has extensive experience of supporting early stage companies seeking investment and development partners. He has also worked on a Patent Attorney’s Report for an Initial Public Offering of a pharmaceutical company specialising in plant derived medicines.

Matthew is highly experienced in developing drafting and prosecution strategies for key client portfolios worldwide. He regularly represents his clients in Oral Proceedings before the Opposition and Appeal Boards of the European Patent Office.

Matthew tutors candidates in preparation for British and European final examinations and also speaks and publishes on various aspects of biotechnology and healthcare patenting. He has an MA Cantab (Natural Sciences) from Cambridge University which focused on biochemistry, molecular cell biology, chemistry and plant sciences and enables Matthew to practice in a wide range of biochemical and chemical technology areas. He also has an MSci Biochemistry also from Cambridge University in which Matthew engineered protein isoforms of a splicing regulator protein. He has a postgraduate certificate in Intellectual Property Law from Queen Mary & Westfield College, University of London and was awarded the Chartered Institute of Patent Agents Drafting prize for his performance in the finals examination.

Recent work

Represented Adaptive Biotechnologies Corporation in European opposition proceedings and successfully defended European Patent No. 2 364 368 which provides broad protection for immune profiling using next-generation sequencing (NGS).
Successfully opposed a series of third party patents for a company that makes biomedical laboratory instruments.
Assisted a biofuel producer with a long-running entitlement dispute, which was resolved in its favour following litigation in the IPEC.

Publications

‘Back to Nature?’ February 2010

'G1/15: Enlarged Board issues full decision on partial priority referral', February 2017

'Is there a place for a post-Brexit UK in the Unitary Patent system?', October 2016

'Important change in the recording of an assignment at the EPO', September 2016

'New Referral to the CJEU on Article 3(b) of the SPC Regulation', September 2016

'The US Supreme Court disappoints many', July 2016

'USPTO issues updated guidance in relation to subject matter eligibility for US patent applications', May 2016

'Unified Patent Court fees and recoverable costs', April 2016

'Considering the implications of a Brexit for UK and European Patent Attorneys', March 2016

'Gene patenting update', February 2016

'UPC London branch to be located in Aldgate Tower', August 2015

'Hospira successfully challenge further Herceptin follow-on patents', April 2015

‘English Patents Court Judgement provides much needed guidance on the scope of second medical use claims’, February 2015

‘Eviscerating patent law?’ Biopharma Deal Makers, September 2014

‘The CJEU rules in favour of Supplementary Protection Certificates for safeners in plant protection products’, June 2014

‘A broader research exemption from patent infringement in the UK’, June 2014

‘US Supreme Court rules that there can be no inducement without direct infringement’, June 2014

‘Guidance for subject matter eligibility of laws of nature, natural phenomena and natural products at USPTO’, April 2014

‘Patent Strategy for Personalised Healthcare’, One Nucleus Insights, March 2014

‘Gene patents in the US - The Supreme Court decides on Myriad’, June 2013

‘Nestec v Dualit Poisonous Priority’, June 2013

'Supreme Court of the United States’ decision on Myriad case', June 2013

‘Consultation on the Research and Bolar Exceptions’, January 2013

‘Broccoli and Wrinkly Tomatoes’, December 2011

‘What’s the use?!” Bioscience Law Review, August 2009

Events

Protecting Innovation in the Life Sciences, LSPN Conference, 2019

CIPA Life Sciences Conference, Speaker, ” UK Case Law update” Northampton, November 2017

IP Law Summer School, Speaker, Cambridge, August 2017

BIO International Convention, Speaker, San Diego, US, June 2017

MIP International Patent Forum 2016, London, March 2016

CIPA Life Sciences conference, November 2015

Festival of Geonomics – Workshop organisers: Freedom to Operate, California, November 2015

February 2015 – One Nucleus Life Sciences Leadership Series – Cancer Immunotherapies

January 2014 – BIA Gala Dinner

October 2014 – EPIC Biotech

July 2014 – One Nucleus, ON Helix

June 2014 – BIO International Convention, San Diego

May 2014 – One Nucleus Life Sciences Leadership Series – Personalised medicine

May 2014 – BIA Lecture, ‘Inspiring innovation in healthcare and the next generation’

April 2014 – M11 Med Tech Forum

March 2014 – Host and presenter, ‘Patent eligibility issues particularly in the area of personalised medicine’, One Nucleus breakfast meeting

February 2014 – Speaker, Boult Wade Tennant Chemistry and Biotech client seminar

January 2014 – BIA Gala Dinner

Biotechnology and Life Sciences

Nina White

Partner
Head of Practice Group

Nadia Tyler-Rubinstein

Patent Attorney

Naomi Stevens

Patent Attorney

Farzana Miah

European Patent Attorney

Claire Baldock

Consultant

James Legg

Partner

Alex Stephenson

Patent Assistant

Jonathan Palmer

Partner

Matthew Cornwell

Patent Assistant

Barbara Rigby

Partner

Olga Bohuszewicz

Patent Assistant

Edward Ronan

Partner

Joanna Peak

Partner

Thomas Davis-Diaz

Patent Trainee

Contact me

Phone this number +44 (0)1223 883000

Email this address MSpencer@boult.com

My location

CPC4 Capital Park
Cambridge Road
Cambridge
CB21 5XE

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Sectors and practice areas

Sectors

Biofuels
Biologics
Diagnostics
Medical devices
Pharmaceuticals

Practice areas

Biochemistry
Biomarkers
Cancer immunotherapies
Companion diagnostics
Enzymatic detection
Epigenetics
Gene therapy
Microbiology
Molecular biology
Nucleic acid based technologies
Plant derived pharmaceuticals
Proteins and peptides therapeutics
RNAi in plants
Small molecule imaging agents

Memberships

BIA
CIPA
EPI
One Nucleus

Qualifications

Chartered UK Patent Attorney (awarded the Chartered Institute of Patent Attorneys Drafting prize)
European Patent Attorney
MA (Cantab) Natural Sciences, University of Cambridge
MSci Biochemistry, University of Cambridge

Testimonials

Legal 500, 2012 (Recommended, Patent Attorneys)

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Matthew Spencer

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