IP specialist Kitchin to retire from UK Supreme Court

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

IP specialist Kitchin to retire from UK Supreme Court

lord-kitchin.jpg

Kitchin is to hear the DABUS case before stepping down on September 29 this year

Lord Justice David Kitchin will retire from the UK Supreme Court in September this year, it was confirmed today, February 1.

Kitchin, who was appointed in October 2018, is the only intellectual property specialist serving at the UK’s top court.

“It has been an enormous privilege and pleasure to serve as a full-time justice of the court.

“This is the right time for me to step down and it will give me an opportunity to spend more time with my family and to pursue other interests,” Kitchin said.

It is expected that the lord chancellor will convene an independent selection commission to fill the vacancy.

A former barrister, Kitchin became a Queen’s counsel in 1994. His practice covered all aspects of IP including patents, trademarks, copyright, designs, and trade secrets.

Since the death of Queen Elizabeth II, the term Queen’s counsel has been replaced by King’s counsel to reflect the fact that King Charles III is the new British monarch.

But the judge is unlikely to slip quietly into the night.

Kitchin will hear at least one major IP case this year – Thaler v Comptroller-general of patents, designs and trademarks, better known as the DABUS case.

The DABUS dispute concerns whether an artificial intelligence tool of the same name can be named as an inventor on a patent application.

Speaking to Managing IP in 2019, Kitchin said all of the judges played an active role in shaping the court’s IP decisions.

“This can be extremely valuable because they can bring an insight to bear on that specialism that those working in it haven’t got,” he said in the interview.

more from across site and SHARED ros bottom lb

More from across our site

A future opt-out has not been ruled out, but practitioners warn that the UK could fall behind in the AI race
US patent lawyers say they are increasingly advising clients on China strategies as corporations seek to gain leverage in enforcement, licensing, and supply chain management
Mike Rueckheim reunites with 12 of his former Winston & Strawn colleagues as King & Spalding continues aggressive hiring streak
As global commerce continues to expand through e-commerce platforms and digital marketplaces, protecting brands has become a growing challenge for organisations worldwide. Counterfeiting, intellectual property infringement, and online brand abuse are increasing across industries, making brand protection strategies a critical priority for businesses.
Henrik Holzapfel and Chuck Larsen of McDermott Will & Schulte explain why a Court of Appeal ruling could promote access to justice and present a growth opportunity for litigation finance
A co-partner in charge says the UK prosecution teams are a ‘vital’ part of the firm’s offering, while praising a key injunction win
A team from White & Case has checked in on behalf of Premier Inn Hotels in a UK trademark and passing off case against a cookie brand
Litigation team says pre-trial work and a Section 101 defence helped significantly limit damages payable by ride-sharing firm Lyft in patent case
News of Avanci hiring a senior vice president and the EPO teaming up with a French AI startup were also among the top talking points
Explosm, the independent Texas studio behind the hit webcomic Cyanide & Happiness, partnered with Temu’s IP protection team to combat counterfeiters infringing on its brand
Gift this article