Ben Tolley

Ben is a European Patent Attorney specialising in the life sciences sector, with a particular focus on contentious work before the European Patent Office (EPO). His practice spans drafting and prosecuting UK, European and international patent applications, alongside a significant oppositions and appeals workload. Ben works with clients on strategies for defending and attacking patents to support their commercial aims.

Ben’s oppositions and appeal practice is centred on technically complex cases in the life sciences. His ability to analyse scientific detail and construct persuasive arguments has led to consistent success in both offensive and defensive proceedings. He also handles drafting and prosecution of patent applications and “freedom to operate” analyses, particularly in areas involving cutting-edge biotechnologies and therapeutic innovations. 

Microbiome and Emerging Technologies

Ben heads up the Microbiome team at Mewburn Ellis. He has a particular interest in and a focus on plant, microbial and microbiome technologies and leveraging his technical background in plant biology, has a growing practice in agricultural biotechnologies, particularly microbial inoculants for improving plant health and growth.

Areas of Expertise

• Microbial technologies including inoculants for plant growth, protection and bioremediation; microbes for industrial processes
• Plant and algal biotechnologies
• Genetic technologies, including nucleic acid editing tools, riboswitches and expression systems
• Synthetic biology
• Biologics, nucleic acid and antibody therapeutics

Clients

Ben works with a diverse range of clients in the life sciences sector, from multinational biotech companies and SMEs to universities and research institutes.

EPO Opposition & Appeal Highlights

• T 816/22 (EP3071219) - Successful offensive EPO opposition resulting in the revocation of a key patent relating to C1-esterase inhibitors for Antibody Mediated Rejection before the Board of Appeal. This case was described by the EPO Boards of Appeal as a “case highlight” from 2025 and as a “really critical case” for understanding sufficiency in medical use claims.  According to their summary, it established that “‘plausibility’ can be overturned by post-published evidence”. The case is included in the EPO “White Book” of key cases of the Boards of Appeal, and was featured in the IPKat digest of key case law from 2025.
• EP2787843 - Successful defence of EPO opposition against a key patent relating to a process for the preparation of microorganism compositions, which increased the stability of the compositions. 
• EP3265478 - Successful offensive EPO opposition resulting in revocation of a patent concerning heterodimeric fusion proteins based on modified interleukin-15 proteins and their therapeutic use.  
• EP3227342 - Successful offensive opposition resulting in a significant amendment in scope of a patent relating to heterodimeric cytokine-antibody fusion proteins for targeting tumour antigens. This cleared the way for the launch of a client’s key product.
• EP3093295 - Successful offensive EPO opposition resulting in revocation of a patent relating to heterodimeric IL-15 proteins and their therapeutic use.
• EP3013957 - Successful defence of EPO opposition of a client’s key patent relating to compositions and methods for barcoding nucleic acid sequences. 

Background

Ben’s background is in molecular biology.  He has a PhD from the University of Cambridge in plant molecular genetics.  He also holds a first-class honours degree from the University of Manchester, where he won the prize for highest-placed student in his year for biological sciences.  As an undergraduate, he was awarded a research scholarship to investigate plant molecular markers for climate change at the University of Cambridge.  He also held an undergraduate research position at the Royal Botanic Gardens, Kew looking at the molecular basis of wetland C4 photosynthesis.  Ben joined Mewburn Ellis LLP in 2019.  He qualified as a European Patent Attorney in 2017 and a Charted Patent Attorney in 2021. 

Recommendations

Named as a Managing IP Rising Star 2019-2025.

“Ben Tolley demonstrated exceptional professionalism and skill during our opposition proceedings. His ability to distil complex issues into compelling arguments addressing the most critical aspects combined with a clear and persuasive presentation during the hearing, played a pivotal role in securing a favorable result. His discovery of a decisive document further demonstrated his commitment to the case. We are extremely satisfied with his work and highly recommend his services.” one of the 50 largest pharmaceutical companies in the World

“I am grateful to have Ben's assistance with development of our European patent portfolio. I appreciate that he has taken the time to understand the details of our technology and consistently provides timely strategic insight and thoughtful analysis.” Head of Intellectual Property, Large Agricultural Biologicals Company.