Toby enjoys handling work in a wide range of technology sectors, including technologies ranging from the nanoscale to large-scale constructions. Similarly, he works for clients ranging from single inventors to large multinational companies. The diversity of his work enables him to have a fresh perspective on his clients' challenges and helps him to develop strategies for his clients to build their IP portfolios.
Toby is experienced in drafting, filing and prosecuting patent applications at the European Patent Office and elsewhere. He is also experienced in obtaining Registered Design protection in Europe and elsewhere and advising clients in relation to design matters. He also routinely provides advice on freedom to operate and enforcement matters.
Additionally, Toby has experience of overcoming patent-eligibility objections, including a successful appeal to the High Court to achieve grant of a patent which the UK Intellectual Property Office had refused as a business method. Case reference:  EWHC 568 (Ch).
Toby has a widely recognised specialism in assisting clients that have unintentionally lost rights or whose patents have lapsed. In particular, he is very experienced in restoration of patents around the world after non-payment of renewal fees, restoring priority claims in the event of late filing of applications, including international patent applications and re-establishment of rights after applications have erroneously not been brought into the European regional phase. Toby has also brought this experience to bear in continuously improving our case management system and internal procedures to ensure that they remain robust, reliable and efficient.
Outside of work, Toby likes to spend his time releasing his creative side, most recently designing and constructing a castle-themed play area for his children with swings, slides and a trampoline. Back in the office, Toby is pleased to employ this creativity for his clients, when drafting new patent applications, crafting arguments for inventive step or building a case for due care to restore a client's rights.
Toby joined J A Kemp in 1999 and became a partner in 2009
University of Cambridge, Masters Degree in Engineering and Manufacturing Engineering
European Patent Attorney, UK Chartered Patent Attorney
Fellow of the Chartered Institute of Patent Attorneys (CIPA), Member of the Institute of Professional Representatives before the European Patent Office (EPI)