Mathys & Squire Partners Anna Gregson, Dani Kramer and Martin MacLean have been featured in the 2022 edition of IAM Strategy 300 Global Leaders.
The guide highlights professionals whose approach to intellectual property is regarded by peers as truly strategic in nature, drawing from the worlds of private practice, consulting and other service providers, with specialists from the major IP markets in North America, Europe and Asia.
IAM says: A perceptive IP strategist, Anna Gregson keeps the wider commercial picture in mind in all her endeavours as a prosecution partner, counsellor and IP protector. She understands her clients at a business level and is brilliant at tailoring her approach and solutions accordingly.
IAM says: Dani Kramer practices at the cutting-edge of innovation in several high-technology fields such as AI, semiconductors and internet television and has been pivotal in securing vital protections for his diverse clients. He understands the how and the why and is both technically adept and commercial.
IAM says: Martin MacLean is a go-to for complex patent briefs thanks to his portfolio management dexterity, striking hit rate in EPO hearings and extensive deal experience. He has a deep understanding of the life sciences industry and its commercial drivers.
We would like to thank each of our clients, contacts and peers who took the time to participate in the research. IAM’s Strategy 300 Global Leaders guide for 2022 is available here.
In a development that could have a significant impact on how priority is assessed in Europe, EPO Board of Appeal 3.3.4 has just referred the following two questions to the Enlarged Board of Appeal (EBA) in case T 1513/17 (consolidated with T 2719/19) concerning formal entitlement to priority:
I. Does the EPC confer jurisdiction on the EPO to determine whether a party validly claims to be a successor in title as referred to in Article 87(1)(b) EPC?
II. If question I is answered in the affirmative
Can a party B validly rely on the priority right claimed in a PCT-application for the purpose of claiming priority rights under Article 87(1) EPC
in the case where
- a PCT-application designates party A as applicant for the US only and party B as applicant for other designated States, including regional European patent protection and
- the PCT-application claims priority from an earlier patent application that designates party A as the applicant and
- the priority claimed in the PCT-application is in compliance with Article 4 of the Paris Convention?
The first question asks whether the EPO has the power to determine whether a priority right has been validly transferred. According to established case law and practice, the EPO does have that power, as recently confirmed by Board of Appeal 3.3.8 in the CRISPR/Cas appeal case, T 844/18 (see our news items here and here). However, that power has also been questioned ex officio in communications from other Boards. The failure to introduce priority rights into a European application can of course have devastating consequences for validity, and therefore, if the EBA should answer the first question in the negative, then this would represent a significant relaxation of the EPO’s priority rules. Given established case law, it is possible the EBA will decline to answer the first question.
The second question essentially asks whether naming the applicant for a first filing as applicant for the US only in a PCT application claiming priority thereto is enough for the purposes of introducing priority rights into the European designation. This scenario commonly arises when a US provisional application is filed in the names of the inventors, and a subsequent PCT application is filed naming those inventors as applicants for the US and someone else as applicant for other jurisdictions. EPO opposition divisions have recently been applying what the Board in T 1513/17 calls the ‘PCT joint applicants approach’, whereby the EPO merely checks whether all applicants on a priority application are named as PCT applicants, irrespective of whether they are designated as applicants for Europe or whether priority rights were validly transferred to the applicants for Europe. The Board in T1513/17 concluded that the validity of PCT joint applicants approach is not clear-cut and that guidance from the EBA is required.
It is possible that the EPO will opt to stay pending proceedings in cases where formal entitlement to priority is determinative, following the approach taken in other recent referrals.
We will provide further updates as the EBA referral progresses.
As a result of the Covid-19 pandemic and spending increased time at home, many of us have taken a greater interest in what we eat, which has continued even beyond the banana bread craze of 2020. Consumers have become ever more scrupulous when considering what benefits and harms the food we eat can have, not only to ourselves, but also our planet. It is therefore unsurprising that the biggest food trends we see emerging in 2022 are focused around health benefits and reducing damage to our environment.
Reinventing the coffee cup
If coffee is not only your drink of choice, but also an essential to get you through the working day, you are not alone! In the UK, around 2.5 billion coffees in disposable cups are sold each year. However, only 0.25% of these cups are recycled. Such low levels of recycling are mainly due to the fact that most disposable cups cannot be disposed of in mixed or paper recycling bins. Specialist equipment is required to remove the thin plastic or wax layer present in many cups (providing a waterproof/temperature controlling barrier) before recycling is possible. This process is both costly and time-consuming, meaning that the vast majority of disposable cups end up in landfill sites.
Given the amount of disposable coffee cups used each year and the length of time each cup requires to decompose – for example coffee cups containing polyethylene can take around 30 years to fully decompose – a solution to this problem is urgently needed if we are to continue to enjoy our morning beverage (and for some of us, continue to function like a normal human being!). We anticipate developments in the structure and manufacturing of coffee cups, as well as their recycling, in 2022 as the problem only becomes more pressing.
Biodegradable plastics
Cleantech companies are seeking to tackle this problem by developing biodegradable plastics which degrade in a much shorter timeframe than traditionally used materials. One company looking to provide such a solution is London-based Polymateria Ltd, through the development of a ‘drop-in’ additive containing catalysts and co-catalysts which can be included during the plastic manufacturing process. Following a specified dormant period, the catalysts act to break down both the crystalline and amorphous regions of the plastic, such that the material will degrade to form a wax-like substance without any harmful microplastics being produced. Fungi and bacteria can then fully consume the wax-like material.
Ploymateria Ltd states that its long service life plastic degrades in six months to three years, whereas the short life service plastic will degrade in less than six months – a significant improvement on the materials currently being used.
Edible containers
As an alternative, rather than looking at ways of reducing the degradation time of materials for containers, some companies have focused on developing containers that produce zero waste following their use: enter the edible container. Many startup companies are developing edible packaging and containers from foodstuffs such as rice flour, wheat, potato starch and milk proteins.
London-based startup Notpla has created Ooho, a liquid encapsulated in a waterproof and edible film made from seaweed. Users can eat the film if they wish, or – if that doesn’t appeal – the film will simply biodegrade in four to six weeks.
Notpla’s patent application (WO 2018/172781) states that these edible membranes are formed from alginate, a water soluble biopolymer extracted from seaweed. In particular, alginate is blended with a thickening material, such as starch or cellulose, to form a paste. The paste can then be extruded to form a membrane and a calcium rich ion solution is then added to produce a cross-linked matrix suitable for storing liquids. Of course, multiple layers of the edible membrane can be produced, allowing the consumer to simply remove the outermost layer before consumption, thereby overcoming the need for additional storage containers for hygiene reasons.
Whilst this invention represents an exciting step forward, for such containers to become fully integrated into everyday life, it may be necessary to develop resealable containers which can store greater quantities of fluids.
One particular product which has been immediately integrated into our everyday life is the edible coffee cup. Many startup companies are developing such products, including Scottish startup Biobite, Bulgarian based Cupffee, Ukrainian company Lekorna and Moldova-based Wayris. These edible coffee cups typically comprise a wafer or biscuit based cup which has been developed to prevent the immediate absorption of the liquid they contain. Depending on the brand selected, the edible cups reportedly stay crispy for between 20 and 60 minutes and can remain leakproof for up to 12 hours.
It has been estimated by a transparency market research company that the demand for edible packaging could increase on average by 6.9% yearly until 2024, at which time the edible packaging market would be worth almost $2 billion worldwide. On this basis, and the fact it is always nice to have an extra snack, we are expecting to see many more edible containers emerging over the next year.
Potato milk
Over the last few years, there has been a sustained increase in the number of people turning to vegetarian and vegan diets, or simply reducing the amount of animal-based products they consume. The main drivers for these lifestyle changes include health, environmental and economic reasons. Food and drink manufactures have responded to the increased demand by developing a range of exciting plant-based products. Amongst these are the plant-based alternatives to milk, including rice, oat, almond, soya and pea. However, there have been some reports suggesting that these plant-based alternatives may still be damaging to the environment. For example, almond production requires high water consumption which can lead to droughting effects, as well as carbon emissions resulting from the need to transport these drupes from the countries in which they are grown. Similarly, rice production requires large volumes of water and can be associated with the production of greenhouse gases due to the presence of methane-producing bacteria, which grows in the waterlogged soil of rice paddies. In addition, some of the dairy-free milk products produced are not suitable for those with allergies.
To address some of these issues, a new plant-based milk is expected to gain momentum in 2022: potato milk. Considered to be more environmentally friendly as it requires less land to grow the product, potato milk also produces less CO2 (thanks to the ability to grow these vegetables locally), and requires significantly less water than some other milk alternatives. Potato milk does not contain any added sugar, gluten, lactose or soya and can provide health benefits in the form of vitamin D, B12 and folic acid.
In February 2022, Waitrose is set to begin selling the potato milk brand ‘Dug’, owned by Swedish company Veg of Lund. According to a patent application of Veg of Lund (WO 2020/112009), the milk alterative is a potato emulsion comprising of (unsurprisingly) potatoes, sugar, a vegetable emulsifier, oil, vegetable protein and water. Whilst we always encourage the development of new food and drink products, only time will tell if this new product will take a significant share of a market which has been reported to be worth nearly £400 million a year in the UK alone.
CBD wine
The demand for CBD-based products has been growing in recent years as a result of a change in consumer perception (cannabidiol, a non-psychoactive compound found in the flower of the cannabis plant). This compound has now become associated with numerous health benefits including treating medical aliments, such as Alzheimer’s, epilepsy, pain, stress and anxiety. This shift in consumer perception of CBD-based products is due, at least in part, to the increasing amounts of medical research on the effects of CBD and the rising publicity of the health benefits associated with the compound.
In the UK alone, the CBD market is estimated as being worth £300 million and is expected to increase up to as much as £1 billion by 2025. As a result, companies in the food and drink industry have been quick to provide a variety of CBD-infused products in order to meet this new demand. The latest product to emerge from this trend is CBD-infused wine, which is expected to be popular with consumers this year. CBD wines typically have a lower alcohol content, meaning that consumers generally intake lower amounts of alcohol, providing further health benefits.
Chewable toothpaste
Although not strictly within the food and drink category, chewable toothpaste is set to be a big trend in the next year. As it turns out, recycling toothpaste tubes is actually quite tricky due to the fact that the tubes are often made out of different types of plastic and contain a metal liner to keep the toothpaste fresh. These waste containers are therefore often too complex to recycle at present. A further concern related to the currently manufactured toothpaste tubes is that they form microplastics during degradation, which can be damaging to the environment. Due to growing awareness of the pressures on landfill sites, consumers are now looking to alternative containers or products that will enable them to reduce the amount of plastic waste produced.
An emerging alternative to traditional toothpaste tubes are chewable toothpaste tablets. These solid tablets can be chewed into a paste before the user brushes their teeth with a damp toothbrush in a similar manner to that of traditional toothpaste. According to some reports, the global toothpaste tablet market could be worth US$152.3 million by 2026. The main selling point of these products is that they can be provided in glass or recyclable plastic bottles, and therefore are more environmentally friendly. Chewable toothpaste tablets typically comprise common ingredients found in toothpaste, such as xylitol, calcium carbonate, sodium bicarbonate, tartaric acid derivatives and fluoride.
The European Patent Office (EPO) has announced the introduction of transitional measures to encourage applicants towards an early uptake of the Unitary Patent effect. Details can be found here, but to make it slightly more accessible, we have put together a short summary for you.
The interrelated measures in question will be made available once the following requirements are met:
- The deposit of Germany’s instrument of ratification of the UPC Agreement has taken place. This date lies between three – four months before the official start of the Unified Patent Court and thus the Unitary Patent system. In other words, expect the measures to be available within the next approximately three – six months. Please note that we are monitoring developments on a daily basis and will publish any updates as soon as they occur.
- In addition, a communication under Rule 71(3) EPC must have been despatched already for the European patent application(s) in question, i.e. the final phase of the grant proceedings has been reached.
Option 1: You may request delayed grant
A so called “request for a delay in issuing the grant” may be filed if a 71(3) communication has been received but approval of the text has not yet taken place. Note that “a request for delay filed on the same day as the approval of the text intended for grant will be considered to have been validly filed”.
Option 2: You may file an early request for unitary patent effect
Such a request will allow the EPO to “register unitary effect immediately at the start of the system”, provided the above requirements are met.
If either of these options are of interest to you and/or you would like to find out more, please do get in touch with your usual contact at Mathys & Squire or email us at [email protected].
The world’s attention remains, rightfully, focused on the goal of innovating its way to carbon neutrality – the pledges of the recent COP26 summit are just the most recent in decades of reforms. Accordingly, the past 20 years have seen dramatic changes in the patent landscape of clean technology.
Since 2017, there has been an average of 3.3% annual growth in low-carbon energy patents, rising faster than all other technology areas. Despite this, a 2020 IEA report concluded that the energy sector will only reach net-zero emissions if there is a significant and concerted global push to accelerate innovation. From a life sciences and chemistry perspective, some trends to keep an eye on in 2022 are: advancements in battery technology; sustained progress in hydrogen development; solar photovoltaic (PV) cells; and progress in recycling technology.
Battery boom
The compact but accessible chemical energy storage of fossil fuels is the property that has underpinned their dominance in the energy landscape over the past century. However, with the global shift towards renewables, providing effective ways of storing electrical energy is becoming increasingly important. As such, battery technology has been one of the frontrunners in patent activity growth during the past two decades. Between 2000-2018, the annual number of international patent families (IPFs) in all technologies increased by 213%, compared to a 704% rise in electricity storage related IPFs. Of this, 9/10 patents related to battery technologies.
Even with this remarkable growth in the sector, in recent years there have been additional efforts to encourage further development, the results of which we expect to start noticing in the next year or two. Notably, the BATT4EU partnership (between the European Commission and the BEPA) was announced in June 2021, aiming to boost European battery research and innovation with a budget of €925 million. The UK also continues to dedicate resources to this area – in March 2021, the government-backed Faraday Institution committed to a £22.6 million programme that aims to develop battery safety, including its reliability and sustainability, across a number of fields.
Li-ion batteries have emerged as the dominant system around which innovation is largely focused, accounting for 45% of patenting activity relating to battery cells in 2018. However, as their development matures (with an increasing proportion of IPFs being related to manufacturing or engineering), space is being created for emerging technologies. For instance, patenting activity in solid-state batteries, where solid electrolytes are used, has been increasing by an average of 25% annually since 2010 and we expect this trend to continue in 2022. The exploration of new electrode materials is also an area of steady growth, with plenty of potential for discoveries to supplant existing compositions – lithium cobalt oxide was the prevailing cathode material in 2005, which was then overtaken by lithium nickel cobalt manganese oxide by 2011, with lithium nickel cobalt aluminium now showing great promise. Clearly, there is still room for considerable progress in battery technology.
Sustained progress in hydrogen
Following the most significant surge in global activity in hydrogen-related technologies in the early 2000s, where the number of IPFs grew from 517 in 2000 to over 2,000 by 2008, patenting activity has sustained an upward trend, albeit showing slower growth than, for example, battery technology.
A significant roadblock in the wider utilisation of hydrogen is the slower growth of the end market for its applications, when compared to other clean energy sources such as solar or wind. However, it’s becoming increasingly clear that wider incentivisation and adoption of hydrogen is needed, with many countries recently announcing national hydrogen strategies – for instance, the UK Hydrogen Strategy of August 2021 (including a £240m ‘Net Zero Hydrogen Fund’), Germany’s H2 Global programme (June 2021), and the wider framework of the EU’s Hydrogen Strategy (July 2020).
Consequently, it seems likely that the growing investment in the hydrogen sector will lead not only to the scaling-up of existing technologies, but the accelerated development of new and emerging ones; anion exchange membrane systems show great promise in improving the efficiency of traditional alkaline cells and overcoming the platinum requirements of proton exchange systems, while solid-oxide electrolyser cells with ceramic electrolytes can utilise steam at impressive conversion efficiencies. The increasing focus on hydrogen in cleantech is reflected in the awarding of the ‘Fix Our Climate’ Earthshot Prize to Enapter – leading developers of AEM electrolyser technology – in late 2021.
Solar
Global solar PV generation increased by 156 TWh (23%) in 2020 to reach 821 TWh, representing the second-highest absolute generation growth of all renewables. This is due in no small part to the relatively early market consolidation of inorganic photovoltaic cell technology, and the associated fall in prices over the following years.
Despite these advances, significant progress still needs to be made to hit the numerous national and global targets for renewable energy. For example, to reach the EU’s goal of achieving 40% renewables by 2030, it is estimated that solar capacity would need to increase from 137 GW (as of 2020) to around 660 GW. Fulfilling that requirement may involve, or even necessitate, further innovation in solar PV cell technology.
Such developments are potentially already in the pipeline: since 2010 there has been a steady rise in IPFs concerning organic PV cells, overtaking the number of other PV cell patents in 2015. Compared to the prevailing silicon-based inorganic PV cells, those that utilise light-absorbing organic small molecules/polymers have the potential to provide a much cheaper, more environmentally friendly and customisable alternative that could be produced on a massive scale. We expect to see more of this technology emerging in the coming year.
Recycling technology
Waste has long been an inevitable consequence of the economic and manufacturing processes that have become fundamental to most elements of modern life. However, the benefits of recovering waste materials are becoming harder to ignore; in addition to reducing emissions from extensive mining operations, slowing the depletion of natural resources and limiting ecotoxicity, it can alleviate costly fluctuations in price and/or supply of key materials. As examples of this approach, alternative materials and recyclable plastics have been in the spotlight for a while and are still an important focus for development, but progress in other areas has often been slower.
For instance, the ever-increasing demand for Li-ion batteries, with the progress of electrification, has been in stark contrast to recycling activity once they reach end-of-life stages: in 2019, the recycling rate for Li-ion batteries in the US was less than 5%. Considering the estimation that the electric cars sold in 2019 alone would result in 500,000 tonnes of battery pack waste, it’s clear that considerable improvement is needed. There is therefore plenty of room for innovation in the coming years for scalable, efficient and clean battery recycling processes.
As mentioned earlier, plastics are another major focus of recycling technology. Quite often this means developing processes to enable effective separation and reuse of existing plastics, but the design of new polymers focused on inherent recyclability is an area of growing activity – IPFs in the field doubled between 2015 and 2019. Within this category are several promising avenues for further development, including vitrimers, which consist of a specific type of dynamic polymer network able to change its topology without fluctuations in overall connectivity.
More generally across areas related to recycling, patent filing activity has maintained its upward trend in recent years. With initiatives such as the EU’s Circular Economy Action Plan, adopted in March 2020, it seems likely that patenting activity in recycling technologies will continue to grow solidly in the years to come.
Personalised medicine has been a strong focus of pharmaceutical research and development (R&D) in recent years, and we expect this to continue in 2022 and beyond, with the global personalised medicine market forecasted to grow to $717 billion by 2025. Personalised medicine encompasses technologies enabling cancer prognosis, as well as specific treatments targeting certain cancers associated with specific gene mutation. It also facilitates preventative medicine, allowing the identification of patients with a genetic predisposition for a particular disease to enable pre-emptive treatment.
Personalised medicines cover a wide range of actives, from more traditional small molecules to advanced therapy medicinal products (ATMPs) such as stem cells and CAR-T cells. ATMPs are also a hot trend, with these products expected to increase markedly from the current level of around a third of pharmaceutical pipelines over the next decade. In view of the complexity of ATMPs compared with traditional pharmaceuticals, the IP landscape around ATMPs is also more complex, which may give rise to an increase in collaborations as companies work to get these products developed, approved and on the market. There is also the potential for an increased number of contentious proceedings, as companies struggle to find freedom to operate in a complex and crowded IP market.
Sustainable agriculture
The climate crisis and global food crisis are likely to drive the use of biotech to look for alternatives to conventional agricultural products and methods. Increased awareness of the problems caused by chemical pesticides is stimulating research into, and take up of, alternatives which reduce pesticide use and runoff, leading to an increased focus on biopesticides, with the global market projected to grow at a compound annual growth rate of 14.7% through to at least 2025. Whilst the public has historically been wary of genetically modified crops, genetically modified organisms have the potential to provide significant advances in sustainable agriculture, by improving crop yield and resilience, as well as through engineering crops with increased nutritional value or other desirable properties. As well as innovation to support a sustainable future, biotech can also be used to create crops that can actively remove existing pollutants through a process called phytoremediation. The growth in artificial meat was a significant trend in 2021, and the appetite (excuse the pun!) for such products shows no sign of slowing down.
AI and synthetic medicine
Deep tech in general is seen as a massive growth opportunity (as covered in another of our IP trends articles), and it is estimated that deep tech investments will grow to about $140 billion by 2025. Specifically, in the context of biotech, artificial intelligence (AI) and synthetic biology are particular focuses. Synthetic biology is particularly exciting, as it has potential applications in multiple sectors, including cell engineering, biofabrication and drug discovery. The use of AI and machine learning based on large datasets can help accelerate early drug development, facilitating accurate prediction of drug-human interactions and reducing reliance on human trials at every development stage.
Drug development
The COVID-19 pandemic has resulted in an unprecedented effort to accelerate drug discovery, testing and approval. Whereas in the past it would typically take up to 10 years for a new drug to be approved, the COVID-19 vaccines were developed and approved in under a year. These changes in approach will have knock-on benefits for drug development and approval far beyond COVID-19. Machine learning, AI and big data can further accelerate the drug development pathway. This technical acceleration will require commercial strategies to adapt. For example, funding for human trials may be required sooner if the early development and testing phases are completed more quickly, increasing pressure for smaller companies to find partners or investors to help bear the costs. There is also likely to be an effect on pipelines and on IP as nonviable projects may be identified and dropped sooner, leading to more focused R&D and a tighter IP estate.
Changing strategies
After years in the making, it is expected that the new Unitary Patent system and associated Unified Patent Court (a pan-European form of protection and associated court) will come into force in late 2022. All innovators, regardless of their technical focus, will need to evaluate their patent strategies in light of the new system. Some European countries are not part of this system (including the UK, Spain and Switzerland), and so there are also factors to consider regarding the participating/non-participating countries. There are potential pros and cons to opting newly granted patents into this unitary system, which patentees will need to consider on a case-by-case basis to ensure the right decision is made for each of their patents.
Data provided by Mathys & Squire has featured in an article by City A.M. highlighting a surge in trade mark applications following Brexit, which has in turn increased the wait time for trade mark application approval. Click here to read the article in City A.M.
An extended version of the release is available below, and has been published by World Trademark Review, GB News, Irish Legal News, Scottish Legal News, Institute of Export & International Trade and The Scotsman.
Brexit has triggered a record number of applications for trade marks in the UK, with 195,000 registered in the past year*, up 54% from 127,000 the year before, says leading intellectual property law firm Mathys & Squire.
Since 1 January 2021, the UK is no longer part of the European trade mark regime, meaning that any business looking to trade mark a brand or logo across Europe now has to make a separate application in the UK.
Prior to 1 January 2021, UK trade mark owners could file a single EU trade mark application and secure pan-European protection. Since the end of the Brexit transition period, two separate applications (one for the UK and one for the EU) have been necessary.
The huge surge in trade mark applications since Brexit has forced the Intellectual Property Office (IPO) – the Government agency that handles trade marks, patents and design registrations – to recruit more than 100 new staff to clear the backlog. Waiting times for trade mark applications reached three to four months in the early part of 2021, up from the usual wait of around a couple of weeks.
The IPO has also been inundated by applications from overseas trade mark holders to register with a UK trade mark attorney and address for service in the UK, which is now required post-Brexit.
Mathys & Squire points out that the UK’s departure from the European trade mark regime is permanent, meaning that the sharply increased number of applications represents the ‘new normal’ rather than a spike in activity.
Gary Johnston, Partner and Co-Head of Trade Marks at Mathys & Squire, comments: “The Brexit-fuelled rush to file trade marks and appoint UK attorneys in 2021 has been unlike anything we’ve ever seen in the UK.”
“Businesses from around the world have been forced to spend much more time and money on protecting their intellectual property separately in the UK. UK businesses have had exactly the same problem with their European IP. We’ve been tremendously busy filing applications for UK businesses in Europe too.”
“This huge volume of filings is unlikely to go away. Now we have left the European trade mark regime, this is the level of activity we can expect in the future.”
* Year end 31 October 2021 | Source: IPO
The third article in our ‘IP trends for 2022’ series on innovation and technology focuses on cleantech innovations ranging from electric vehicles (EVs), renewable energy to net-negative emission developments.
During the COP26 summit held in October – November 2021, hundreds of governments, cities and businesses signed a declaration to work towards making all new vehicles release zero emissions by 2040 at the latest. In 2022, we can therefore expect to see a focus on innovation in battery technology, particularly energy storage solutions and fast charging inventions, to make EVs practical and affordable for all consumers. This technological shift is illustrated by the fact that global patent filings for EVs are currently rising, while those for petrol and diesel vehicles are falling rapidly, as we recently reported.
During the climate change conference, there was also a renewed emphasis on the goal of limiting global warming to 1.5 degrees Celsius. With power generation making up a significant proportion of total greenhouse gas emissions, we can expect to see further inventions and innovative developments in renewable energy technologies in 2022, particularly those that reduce the costs of renewable energy implementation to enable developing countries to phase out fossil fuels. For example, we expect to see improvements in the modularisation of onshore and offshore wind turbines, which is key to achieving cost effective wind power by simplifying servicing and upgrades, thus reducing lifecycle costs. We also expect to see developments in the manufacturing of polysilicon for solar photovoltaic cells in 2022, given that shortages of polysilicon in 2021 caused prices of new solar panels to rise for the first time in years.
As well as a spotlight on EV technologies and renewable energy developments, we also expect 2022 to bring innovations in net-negative emission technologies, such as BECCS (biomass energy with carbon capture and storage) – which involves recovering CO2 from the combustion products resulting from burning biomass – and DACCS (direct air carbon capture and storage) – which involves capturing CO2 directly from the air.
The second article in our ‘IP trends for 2022’ series on innovation and technology focuses on blockchain, its patentability and an increasing interest in non-fungible tokens.
Blockchain has been a growing area for a few years now – from both an IP perspective and a commercial perspective. With this, an increasing number of patent applications for blockchain related inventions have been filed around the world. Despite the large number of patent filings in this area, there is still a dearth of blockchain-specific case law and some lack of clarity over exactly what is patentable when it comes to blockchain technology, and to what degree.
As filings progress through the various international patent offices, it is inevitable that specific case law will appear and we might well see some important decisions in the next year. Indeed, as we reported recently, the Australian Patent Office has been one of the first to tackle this technology and has seemingly decided that blockchain is a patentable technology. Moreover, this amenability to blockchain, as we reported here, seems to be shared by a number of other patent offices, and therefore, similar decisions might reasonably be expected elsewhere. If such affirmatory decisions are issued by other offices, we might expect the number of blockchain filings to keep increasing over the coming years.
Patent applications of course go hand in hand with developments in technology and in commercial focus. In this regard, we expect that a particular area of interest in the coming year will be non-fungible tokens, which have moved into the spotlight in the past year.
As part of the UK Intellectual Property Office (UKIPO)’s endeavours to encourage innovation, they have published a survey requesting feedback on the current UK designs system. Launched earlier this week, the survey is particularly aimed at people who do not consider themselves IP experts, and is described by the UKIPO as “an opportunity for designers, design-led businesses, and manufacturers to have their say on the future of how designs are protected in the UK”.
Registered Designs offer effective, quick and cost-efficient IP protection, and we encourage our clients to take part in this survey to ensure any changes to the UK designs system meet your business needs – whether you already have a large portfolio of Registered Designs or have an interest in using Registered Designs in the future.
The survey can be found here. All responses are anonymous, and it should take approximately 10 minutes to complete. The survey closes on 7 February 2022.
We are delighted to see the UK Government dedicating its time and attention to promoting innovation in the UK using IP frameworks. If any clients or contacts have views on any of the questions the survey seeks answers on, we would be happy to hear your thoughts – please get in touch.
