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Darren Smyth

@dsmyth.bsky.social

Patent attorney and Head of Knowledge at EIP, intellectual property law lecturer (Honorary Professor at Queen Mary), chemist Legal commentary
and LGBTQ+ inclusion
 Based in London

266 Followers  |  715 Following  |  155 Posts  |  Joined: 12.11.2024
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Posts by Darren Smyth (@dsmyth.bsky.social)

I have been tempted many times myself...

20.02.2026 16:57 — 👍 1    🔁 0    💬 0    📌 0

There is always the option of change your name and live out the rest of your life as a hermit.

20.02.2026 16:09 — 👍 1    🔁 0    💬 1    📌 0

I am appalled that (despite being a former President of the Oxford University Gilbert & Sullivan Society) I did not get the reference without having to look it up.

20.02.2026 13:24 — 👍 1    🔁 0    💬 1    📌 0
Patenting the Taboo: Sex, Drugs, and Abortion | Yale Journal of Law & Technology

Our recently-published article in the Yale Journal of Law & Technology is here: yjolt.org/patenting-ta...

08.02.2026 01:06 — 👍 1    🔁 2    💬 0    📌 0

Sumo, kind of, allegedly.

08.02.2026 00:02 — 👍 1    🔁 0    💬 0    📌 0

You are very welcome!

03.02.2026 00:38 — 👍 1    🔁 0    💬 0    📌 0

Of course. I thought Andrew had shared with you the draft I sent him but I can let you have the latest draft now.

03.02.2026 00:11 — 👍 0    🔁 0    💬 1    📌 0

Oh yes! My study was inspired by hearing Prof Gilden speak on the subject.

02.02.2026 22:35 — 👍 3    🔁 0    💬 1    📌 0

My next project is a review of the work of some people who were registered as Japanese patent agents 1899-1940 without passing the agent examination, and who were not Japanese. Mainly William Silver Hall, Karl Vogt and Walter de Havilland.

02.02.2026 22:27 — 👍 2    🔁 0    💬 0    📌 0

So I just submitted last week the final draft of my book chapter on UK and European patent applications for sex toys.

02.02.2026 22:25 — 👍 2    🔁 0    💬 2    📌 0

I remember how "smart contracts" were going to replace lawyers. Explained by people who seemed to understand neither what a contract is nor what lawyers actually do.

21.01.2026 13:45 — 👍 3    🔁 0    💬 0    📌 0

Never mind hundreds of years ago - up until two decades ago the Lord Chancellor presided over one house of the legislature, sat in Government cabinet, and was in charge of the judiciary (while also sitting as a judge). Where then your separation of powers?

15.01.2026 14:52 — 👍 1    🔁 0    💬 0    📌 0

When I was a child, our Irish wolfhound pet was named Joxer for this quotation. (No, it does not really make sense)

06.01.2026 23:21 — 👍 2    🔁 0    💬 1    📌 0

How would you know it was an English judgment if the judges did not have weird names and titles?

05.01.2026 15:16 — 👍 0    🔁 0    💬 0    📌 0

I have just completed a 16 hour turnaround returning from a week in Berlin and heading to Peak District for new year, so I feel you. The top I am wearing is still slightly damp.

31.12.2025 10:49 — 👍 1    🔁 0    💬 1    📌 0

My undergraduate thesis supervisor basically prohibited column chromatography in his lab. If things didn’t crystallise, you didn’t purify them. And moved onto something else instead.

30.12.2025 14:50 — 👍 0    🔁 0    💬 0    📌 0

The link quoted in the letter appears to be to the Belgian Amazon site. Which is surely weird?

30.12.2025 12:13 — 👍 0    🔁 0    💬 1    📌 0

that’s the tax on last minute gift shopping

24.12.2025 22:32 — 👍 2    🔁 0    💬 0    📌 0

But I guess since not a lot of people know that the trademark assistance from this fact is minimal

23.12.2025 20:34 — 👍 0    🔁 0    💬 0    📌 0

Where I am from (and I suspect also in the Chicago and New York embodiments) the variant spelling is distinctive of being (descended from) Northern Irish protestants.

23.12.2025 20:32 — 👍 2    🔁 0    💬 1    📌 0

Whose surname are you calling common?

23.12.2025 20:28 — 👍 0    🔁 0    💬 1    📌 0
eSearch Case Law - EUIPO

Can confirm this is accurate as far as it goes, but the EU IPO indicates it has been appealed to the General Court. It's hard to link but hopefully this will work:

euipo.europa.eu/eSearchCLW/#...

18.12.2025 14:39 — 👍 2    🔁 0    💬 1    📌 0

It seems that way.

17.12.2025 20:31 — 👍 1    🔁 0    💬 0    📌 0

I don’t think the legal situation underlying BSH is quite the same as that invoked in SEP cases and importantly conventionally (recent UPC decision disagrees) the former jurisdiction only applies to defendants located in the court’s territory.

17.12.2025 20:25 — 👍 0    🔁 0    💬 1    📌 0

Ah, someone(s) do(es)!

17.12.2025 20:11 — 👍 1    🔁 0    💬 0    📌 0

I think courts should refrain from doing this except in exceptional circumstances, and it’s a bad idea to ask them to, but I have never considered under EU or international law that they don’t have jurisdiction to.

17.12.2025 20:03 — 👍 1    🔁 0    💬 1    📌 0

While a European court (UPC or national) can adjudicate for a European patent in any country without too much difficulty it seems crazy to ask it to do so for a patent in a country like the USA where the law (which must be evidenced as foreign law) is completely different and far from simple.

17.12.2025 19:38 — 👍 1    🔁 0    💬 1    📌 0

The weird thing is that what BSH stated is what most people thought the law already was - there are prior UPC decisions saying essentially the same thing. But it has unleashed a torrent of cases seeking extra-territorial jurisdiction (which the UPC was keen on anyway).

17.12.2025 19:35 — 👍 1    🔁 1    💬 1    📌 0

I want to know the blog!

17.12.2025 19:33 — 👍 0    🔁 0    💬 0    📌 0

I also liked (not!) the attorney's defense that the error was a "result of “re-cycling” a prior complaint he had drafted" (which I am guessing is usually the reason - use of an inappropriate or improperly adapted template) and am pleased that it did not find favour with the judge.

17.12.2025 15:27 — 👍 0    🔁 0    💬 1    📌 0