Senior Counsel, Patents (M&A)

BAT is evolving at pace into a global multi-category business. Our purpose is to create A Better Tomorrow™ by Building a Smokeless World. 
To achieve our ambition, we are looking for colleagues who are ready to join us on this journey! Tomorrow can’t wait, let’s shape it together!

What are the key objectives and expectations from this role? 

Providing expert legal and patent counsel to support and implement Group M&A strategy to advise business decisions and improve commercial opportunities, whilst ensuring legal/patent compliance and mitigating business risk.

Responsible for undertaking all patent work relating to M&A activities:

• Undertaking all intellectual property evaluation activities to support licensing or acquiring patent rights from third parties. These third parties have substantial patent portfolios relevant to the current pipeline or future innovation opportunities.
• Developing cases to support patent based M&A activities which take account of both the opportunities and risks presented by the acquisition or licensing activity.
• Developing strategies for effective negotiation with third parties to ensure successful outcomes whilst taking account of the value of the proposition and any associated risks or shortcomings with the patent portfolio.
• Participating in negotiations from a patents perspective in M&A activities
• Overseeing all legal work associated with the drafting of patent license, assignment and/or other documents vital to enact the transaction.

Responsible for working in a matrix relationship with other members of the Patent Litigation & Offensive Strategy team, including counter FTO work: identification of patent rights that are infringed by third party products and designing effective prosecution and litigation strategies to maximise the commercial value of these patent rights (Patent Chess).

As a senior member of the BAT Group Patents team, you will be expected to contribute to and implement all aspects of the work in a manner which:

• provides a valuable service to central management functions and relevant business units;
• delivers high quality, solution-orientated advice and management on all aspects of work;
• manages costs appropriately including, but not limited to, reducing reliance on outside vendors as appropriate; and
• fully utilises the expertise and resource available in the Patents team to the benefit of the BAT Group.

Your key responsibilities will include:

• Undertake detailed due diligence to establish the strength of patent portfolio being assessed (status of all patents in the portfolio, scope of protection offered, FTO risks, litigation risks)
• Put in place and operate a process for standard checks to be undertaken
• Identify options to obtain additional value from the portfolio under assessment taking account of the BAT Group pipeline and long term innovation strategies working closely with the Patents team, NC R&D
• Provide robust legal advice to facilitate decision making on whether to progress with an acquisition or license taking account of the opportunities and risks identified our business
• Develop and deliver an effective approach to valuation of the patent portfolio under consideration factoring in the opportunities and risks
• Develop effective negotiating strategies to deliver desired outcome for BAT, working alongside M&A
• Instruct and oversee all patent license drafting work performed by external legal counsel
• Provide commercially focused updates and advice on issues in a straightforward and compelling way directly to senior management, enabling the business to deliver results whilst managing legal risk.
• Supervise and direct global strategic prosecution of the Group’s patent portfolio with the counter-FTO team, where litigation is ongoing, may be in anticipation or if commercial levers may be required for other purposes.
• Development of commercially relevant strategies to deploy levers identified and developed by C-FTO team (Patent Chess).
• Develop and manage relationships with key external IP service providers to ensure high quality, efficient and value for money service, seeking efficiencies and opportunities for standardization where possible
• Willingness to apply skills to other areas within the Patents team as required in response to demand e.g. licensing/BTV activities to help build effective defense strategies as part of Patent Chess
• Cultivate a network of collaborative relationships at all levels within BAT which are based on mutual trust to ensure the best outcome for BAT as whole, and contribute to the education of colleagues outside of the patent group on patent matters.
• Promote risk management and compliance culture ensuring consistency in application of IP policies and procedures on a global level within BAT

What are we looking for:

Experience Required

• Led successful negotiation of multiple high value patent license or acquisition agreements!
• Proven experience of finding opportunities for in-licensing/JV and leading patent due diligence to support these activities
• Commercially astute, ideally with an understanding of FMCG businesses, and proven ability to understand and support strategic aims
• Demonstrated capability to manage and lead a team including external lawyers and patent attorneys

 Leadership Skills Required

• Ability to quickly evaluate the robustness of a patent portfolio. Assess ongoing opportunities through divisional or continuation applications. Identify key FTO risks and the relationship with the BAT Group patent portfolio.
• Ability to draft and assess IP clauses in patent licences, settlement agreements and assignments, with considerable attention to detail, accuracy and consequences
• Outstanding ability to assimilate and undertake high level strategic analysis of complex legal and business issues in line with overall business strategy
• Detailed knowledge and practical experience of patent law and litigation in key markets (at the least Europe, and ideally also US, and Japan)
• Ability to understand technical patent applications involving mechanics, physics and chemistry, and lead discussions with scientists
• Skilled in engaging and communicating in a simple, clear and coherent manner at senior management level
• Excellent interpersonal skills, sound judgement, good decision making and the ability to advise and influence at all levels both internally and externally
• Ability to draft settlement agreements and licenses and assess IP clauses in other commercial agreements, with considerable attention to detail, accuracy and consequences Ability to manage resources and budgets in line with set requirements
• Ability to manage priorities and meet commitments with a track record of successfully completing projects
• Ability to work across functions, building consensus and support

Education / Qualifications / Certifications Required

• Professionally qualified as a European and UK patent attorney and would usually have at least 10 years’ post qualification experience in the Patents field (in any of the mechanical, electrical engineering or chemical fields), including patent license due diligence, FTO assessments, patent license agreement drafting, contentious and non-contentious matters

BENEFICIAL

• Previous in-house experience
• Scientific background

What we offer you?

• We offer a market leading annual performance bonus (subject to eligibility)
• Our range of benefits varies by country and includes diverse health plans, initiatives for work-life balance, transportation support, and a flexible holiday plan with additional incentives.
• Your journey with us isn't limited by boundaries; it's propelled by your aspirations. Join us at BAT and become a part of an environment that thrives on internal advancement, where your career progression isn't just a statement – it's a reality we're eager to build together. Seize the opportunity and own your development; your next chapter starts here.
• You'll have access to online learning platforms and personalized growth programs to nurture your leadership skills.
• We prioritise continuous improvement within a transformative environment, preparing for ongoing changes.

WHY JOIN BAT?
We’re one of the few companies named as a Global Top Employer by the Top Employers Institute – certified in offering excellent employee conditions.

At BAT, we champion collaboration, inclusion, and partnership as the bedrock of our values. We wish to foster an environment where every individual can thrive, irrespective of factors such as gender, sexual orientation, marital or civil partnership status, gender reassignment, race, religion or belief, colour, nationality, ethnic or national origin, disability, age, skills, experience, education, socio-economic and professional background, as well as diverse perspectives and thinking styles. We recognise that our strength lies in embracing talent from all walks of life, empowering us to develop our culture of inclusivity and better achieve our business objectives.

We view career breaks not as obstacles but as opportunities and encourage everyone, without hesitation, to apply. Through our Global Returners program, we provide support to professionals seeking to re-enter the workforce after an extended absence, be it for family care, parental leave, national service, sabbatical, or starting their own venture.
Come bring your difference and see what is possible for you at BAT. Learn more about our culture and our award winning employee experience here.

We take pride in being a Disability Confident Employer. If you need any reasonable adjustments or accommodations to be made during the recruitment process to support you performing at your best, please inform the recruitment partner who will be in touch should your profile be selected for the role you applied for. We are wholeheartedly committed to optimising your prospects of success by making suitable arrangements so that you may showcase your full potential.