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We understand the unique challenges associated with IP in the defence sector

In today’s rapidly evolving defence and cybersecurity landscapes, safeguarding one’s intellectual property (IP) is critical to maintaining a competitive edge. The sectors are marked by cutting-edge advancements in technology, including dual-use innovations that serve both military and civilian purposes and specialised systems designed exclusively for military operations. Implementing a robust IP strategy can ensure these innovations remain secure and provide long-term value for stakeholders.

At Marks & Clerk, we specialise in helping defence organisations and contractors navigate the complex web of IP protection. With years of experience working with both defence primes and SMEs, we understand the unique challenges associated with IP in the defence sector. We have deep familiarity with the nuances of defence-related IP, including obtaining foreign filing licences, managing rights for foreground and background IP in multi-stakeholder projects and navigating the interplay between military and civilian market applications. We can help you identify, document, and secure your IP assets throughout the lifecycle of your projects, enabling you to maintain a competitive edge while reducing the risks of infringement and unauthorised use.

Technical expertise

Our expertise spans the full spectrum of technical fields relevant to the defence sector, enabling us to provide comprehensive support across diverse innovations. From advanced software and cybersecurity solutions to military hardware and telecommunications systems, our team is equipped to handle even the most complex technologies. We also specialise in emerging areas of biotechnology, including biosensors for detecting chemical, biological, radiological, and nuclear (CBRN) threats, synthetic biology for designing new materials with defence applications, and forensic technologies for security and investigative purposes. Whatever your technical focus, our firm has the expertise to protect and enhance the value of your innovations.

Expertise tailored to the defence sector 

The defence sector thrives on collaboration, whether it’s between government agencies, defence contractors, or private sector innovators. Whether you are creating new, ground-breaking technologies (foreground IP) or integrating existing innovations (background IP), protecting your intellectual property is crucial. We can advise on drafting and negotiating collaborative agreements that protect your intellectual property while fostering innovation. From joint ventures and partnerships to licensing arrangements, we ensure that your IP rights are clearly defined and properly managed. 

Supporting military and civilian use: dual-use technologies

The development of dual-use technologies—systems and solutions that serve both military and civilian purposes, requires specialised legal and technical knowledge. Navigating the delicate balance between maintaining secrecy and filing patent disclosures is a critical aspect of IP strategy in the defence sector. Our firm provides expert advice on what aspects of your technology should remain confidential to protect operational security and competitive advantage, and what aspects can be safely disclosed to secure robust patent protection. By identifying core innovations, trade secrets, and sensitive technical details, we help you minimise risks while maximising the strategic value of your IP portfolio.

For any enquiries, please write to us at defence@marks-clerk.com.

Defence & cybersecurity IP specialists

Photo: David Grant

David Grant

Partner Chartered (UK) and European Patent Attorney, UPC Representative
David is a Partner in Marks & Clerk’s electronics patents team in London.

Simon Portman

Of Counsel Solicitor (UK)
Simon specialises as a commercial contract lawyer for technology companies. He advises on a wide range of contracts, including licenses, R&D collaborations, manufacturing agreements and procurement documentation.
Photo: Matthew Jefferies

Matthew Jefferies

Partner Chartered (UK) and European Patent Attorney, UPC Representative
Matthew advises a wide range of clients in high tech fields, with particular expertise in computing and medical devices.

Jean-Charles Grégoire

Partner Canadian Patent Agent, Barrister and Solicitor
Jean-Charles (JC) is a partner, lawyer, and patent agent at Marks & Clerk Canada. JC specializes in securing patent and industrial design protection in various fields including high-tech, mechanical, and consumer products. He provides strategic advice to local innovators and multinational companies on portfolio management, enforcement, and freedom-to-operate.

Graham McGlashan

Partner Chartered (UK) and European Patent Attorney, UPC Representative
Graham advises clients in a variety of IP related issues, specialising in patent and design matters, over a wide range of fields including electronics, electrical, artificial intelligence and algorithms, software, video games, oil and gas, defence and renewables.
Photo of Paul Horbal

Paul Horbal

Partner | Barrister and Solicitor | Canadian Patent Agent Canadian Patent Agent, Barrister and Solicitor
Paul is a lawyer, registered Canadian Patent Agent, and registered U.S. Patent Agent in the Toronto office of Marks & Clerk Canada. His practice focuses on patent, industrial design and licensing matters.
Photo: Robert Carpmael

Robert Carpmael

Partner Chartered (UK) and European Patent Attorney, UPC Representative
Robert is both a patent and a design attorney. He handles mechanical subject matter, and is on our UK business’ engineering, designs, transport and agritech leadership committees.

Jack Stevenson-Hill

Principal Chartered (UK) and European Patent Attorney, UPC Representative
Jack's patent work focuses on physics, electronics and engineering based technologies.