Home to academics, entrepreneurs, growing businesses and established ventures, Oxford has long been an industry hotbed for start-ups, founders and global brands, generating innovation across industries such as automotive, design, manufacturing, chemistry, technology, pharma and life sciences.

We would be delighted to welcome you to our new Oxford office. Please join us for a celebratory breakfast on Thursday 7th February and meet our Oxford team.

To RSVP, please click here.

When: Thursday 7th February
Time: 08:30 – 10:30
Where: Milton Park Innovation Centre, 99 Park Drive, Milton Park, OX14 4RY 

Bitcoin, and the technology on which it is based, Blockchain, have become something of buzzwords ever since Satoshi Nakamoto’s 2008 white-paper[1] introduced the concept of Bitcoin to the community.  As this exciting technology finds wider adoption, many of us working in the IP field are turning their eyes as to how this technology may be patented so that innovation in this area can be encouraged and cultivated.

It may come as no surprise that the number of patent applications being filed for Blockchain technologies is increasing at a (seemingly) exponential rate – 2900 have been filed in the period 2013-17, with 55.4% of these being in China, with the US following a close second.  However, the number of filings we will be seeing in this area is predicted to increase even further – spurred on by an approx 280% growth in investment from 2017 to 2018[2].

Although it may be increasingly difficult to obtain enabling or “core” patents in the Blockchain field as it becomes increasingly crowded, the growing uses and applications of Blockchain technology to sectors as diverse as medical records, food tracking and drug tagging will themselves be patentable and it is likely that we will see increased filings in these areas in the coming years.

The UK has the third highest number of Blockchain developers (approx 13,000)[3] behind the US and India, yet the number of patent filings from British-based companies is surprisingly very low – only nChain make it into the top 10 patent filers for Blockchain technology worldwide. China and the US are very much leading the way, with IBM and Alibaba being the top 2 patent filers for Blockchain technology worldwide[4].

It therefore would appear that UK businesses may be missing an opportunity in protecting their Blockchain innovations.  The European Patent Office (EPO) are keen to grant patents in this area, and held an inaugural conference on 4th December on patenting Blockchain and related technologies.  Their aim was, by explaining how they go about searching and examining Blockchain inventions, to enable innovators in this area to obtain patent protection more efficiently.  Perhaps UK businesses should take heed of their Chinese and US competitors and wake up to the rapidly evolving IP landscape in the Blockchain field – and take advantage of the EPO’s seemingly favourable and predictable approach to Blockchain patentability to protect their innovations in Europe.

To learn more about patenting your Blockchain inventions in Europe, speak to one of our experts today.

This article was first published in FinTech Weekly. 

Is it time to future-proof your British business?

Ever since the result of the Brexit referendum was announced, there have been varying degrees of concern over the future of the British economy, and the future of British businesses.  One of the questions that a British business owner may be asking themselves is  “Why will our product(s) still be bought by people in other members states of the EU and, indeed, the rest of the world, even though the price may rise as a result of inadequate or, indeed, no formal trade deal(s)?”

‘Made in Britain’

In a large proportion of cases, the answer is likely to be simple: people like to buy products that are made in Britain because the “Made in Britain” statement is synonymous with innovation, creativity, craftsmanship and quality.  On that basis, then, and as Brexit comes ever closer, it is important that this accolade is not just promoted but protected.  British companies that make their products (or offer their services) in or from Britain should, now, be ensuring that their USPs are protected to the greatest extent possible.

How can Intellectual Property help?

Wherever innovative effort has been made to generate a product or service, there is almost invariably some Intellectual Property (IP), and it is the laws associated with that intellectual property that can be used to protect the “innovation, creativity, craftsmanship and quality” elements of your British business.

Intellectual property is defined as a category of property that encompasses tangible and intangible creations of the human intellect, and, as many people will know, is primarily associated with copyright, patents, designs and trade marks. What is less well known, however, is that it can also include other types of rights, such as trade secrets, publicity rights, moral rights, and rights against unfair competition. Some types of IP can be registered, whereas others exist automatically and do not require registration.  That said, although unregistered rights involve no cost, in general, registered rights, such as patents, trade marks and designs, do tend to provide stronger protection than unregistered rights.

Registered IP

The main registered rights are patents, registered designs and registered trade marks. Patents protect new inventions and can be used to protect how a products works, what it does, how it does it, what it is made of and/or how it is made.  In contrast, registered designs cover the overall visual appearance of a product (or even a Graphical User Interface), rather than how it works or what it does and, where the appearance of your product is distinctive, can provide a very powerful tool to prevent cheap sub-standard copies being imported from overseas which can. Not only reduce your market share but may even damage the reputation of your brand.  A registered Trade Mark can protect your brand, and could be made up of word(s), logo(s) or a combination of both.  It is possible to protect three-dimensional shapes under certain circumstances, and the fluted Coca Cola bottle is a good example of this.  Even sound- or action-based elements can be registered if they can be shown to be a so-called ‘badge of origin’ in relation to your product(s) or service(s).  In other words, anything you use in relation to your product(s) or service(s) that would cause your customers to think they had originated from you can, potentially, be perceived as a trade mark.

Unregistered Rights

Moving on to the principal unregistered rights, Copyright exists automatically in relation to literature, artistic works, photographs, music, dramatic works, software, databases, films, radio and television broadcasts, sound recordings and published editions.  Trade secrets could also be an important part of your business, and may be protected by the law of confidentiality. You must establish that the information is confidential, and ensure that anyone you tell about it signs a non-disclosure agreement (NDA). If they then tell anyone about it, this is a breach of confidence and you can take legal action against them.  Depending on your business, the potential value of your trade secrets should not be underestimated.  To put this into context, consider that the KFC blend of 11 herbs and spices has been described as “ the biggest trade secret in the world”, and it is difficult to imagine the monetary value of that.

There are other types of intellectual property, but these are the principal ones and a patent or trade mark attorney can assist in identifying which are the most important ones for your business and help you in the registration process(es), where appropriate.

Know your Rights

The type(s) of intellectual property that will protect your British business will be dependent on what product and/or service you are offering.  It is important is to know exactly what types of IP there are within your business offering, and ensure that those valuable assets are protected.  In this regard, the UKIPO acknowledge[1] that it can be difficult for businesses to appreciate the true value of their IP assets, but they go on to say that, “If used well, IP can offer a solid platform for any business to grow. How you plan, manage and protect your ideas could be a crucial feature in your business planning.  What seems unimportant today, could be worth millions in the future, if protected”.

The UKIPO also advise that businesses should “regularly take stock of their assets”, and the UKIPO provide an on-line  IP Health Check tool here, which is free to use and offers to provide a personalised report, suggesting actions and providing valuable guidance. On that note, and as we head ever closer to Brexit, a professional IP audit, such as that offered by Coller IP (https://collerip.com/ip-services/) may be of significant help in valuing your IP and developing a strategy for “using it well”.  Fortunately, there is Government funding available for this through the UKIPO’s IP Audits Plus scheme, through which innovative businesses are given access to funding up to £3000 inc VAT for an audit to establish their IP position. The scheme is available to SMEs, i.e. businesses having less than 250 employees, with clear plans for growth. To apply for an IP audit through the scheme you need to be supported by the UK IPO’s recognised partners. In Wales, the recognised partner is the Welsh Government, in England it is Enterprise Europe Network (EEN) and in Scotland it is Scottish Enterprise.

The Future is Bright

The road ahead may seem uncertain at the moment, but the ‘Made in Britain’ accolade is widely acknowledged and is likely to go from strength to strength.  By knowing and protecting their own contributions to that, British businesses can aim to thrive in a new economic climate.

^{The content of this article is intended to provide a general guide to the subject matter, and specialist advice should be sought from your attorney at Mathys & Squire.} 

To read the full article which first appeared in Managing Intellectual Property in December 2018 click here.

Norwich, UK: Colorifix, a company that has developed the first commercial biological dyeing process, has raised a Series A round of $3 million from impact and strategic investors with strong links to the fashion industry. The round was led by Challenger 88, with participation from Cambridge Enterprise, H&M CO:LAB (part of H&M Group) and Primera Impact. The funds will support the expansion of the company’s Norwich-based facility and the team build-out as Colorifix launches a number of pilots with several leading players in the international fashion industry.

Dr Orr Yarkoni, CEO of Colorifix commented: “It took us a while to find the right investors but I really don’t think we could have built a more strategic and impactful partnership moving forwards than the one we have now. Our investors are passionate about our mission towards the environment and will certainly help us on the long road to changing a global industry”. Wolfgang Hafenmayer, Managing Partner of Challenger 88 said “The more time we have spent with the Colorifix team, the more excited we have become about their novel approach to dyeing which has the potential to radically improve one of the most environmentally destructive industries on the planet.”

Dr Orr Yarkoni, also commented, “without any shadow of a doubt, we knew we needed good legal advice moving forward. It’s such a big challenge and there’s no way we could have done it ourselves. Engaging Mathys & Squire LLP was definitely the right move. I was really impressed with the level of understanding and care with which our process has been handled, especially given the complexity of integrating biotechnology in an entirely new manufacturing process. Craig Titmus (Partner responsible for our IP portfolio) has been a lifesaver on more than one occasion and has always been willing to pick up the phone, even whilst on holiday.”

Instead of using toxic and non-renewable petrochemicals, Colorifix uses synthetic biology methods to create a range of colours produced naturally by organisms such as microbes, plants, animals and insects. By engineering microorganisms to produce naturally-occurring pigments, Colorifix converts agricultural by-products such as sugar molasses into colorants suitable for textile dyeing. Importantly, the microorganisms also transfer the colour onto a fabric or garment, resulting in additional water and energy savings. By providing a solution that uses ten times less water than traditional dyeing processes and zero heavy metals, organic solvents or acids, while still achieving excellent results in independently certified quality tests, Colorifix is catching the attention of influential forces across the textile industry.

About Colorifix: Colorifix is the first company to apply biological dyeing to the commercial dyeing of polyamide-based jersey, polyester and cotton fabrics, and research is already underway to apply the technology to other natural and synthetic fabrics. Synthetic biology technology is already safely utilised at scale in other industries such as the production of textile scouring enzymes and bio-based chemicals. Colorifix was founded in 2016 by Drs James Ajioka, Orr Yarkoni and David Nugent following their successful collaboration on a project funded by the Wellcome Trust to develop a biosensor for detecting arsenic in drinking water.

About Challenger 88: Challenger 88 advises family offices and endowments on impact investing topics, from building impact investment strategies across asset classes, to identifying venture capital and private equity opportunities with a positive societal impact. Founded by Wolfgang Hafenmayer and Raya Papp, the team leverages decades of combined impact investing experience and its global network to help clients align their capital with their values.

About Cambridge Enterprise: A wholly owned subsidiary of the University of Cambridge, Cambridge Enterprise Limited is responsible for the commercialisation of University intellectual property. It provides access to early stage capital through the Cambridge Enterprise Seed Funds, University of Cambridge Enterprise Funds and Cambridge Enterprise Venture Partners, and offers business planning, mentoring and related programmes. Activities include management and licensing of intellectual property and patents, proof of concept funding and support for University staff and research groups wishing to provide expert advice or facilities to public and private sector organisations.

Patents are used to protect inventions. They are a very powerful form of intellectual property (IP) because they mean that if anyone makes, uses, sells or imports your patented invention without your direct permission, you have the right to take legal action against them. The details of what can (and can’t) be patented can often cause confusion for inventors so let’s make it simple: what is a patent and how you can obtain one?

 What is a patent?

A patent is a legal right granted by a patent office such as the UK Intellectual Property Office (UKIPO) that protects new inventions. From the date of filing the patent application, the right usually has a maximum lifetime of 20 years. You don’t need a patent to use your own invention, although you do have to be careful that no one else already has patent rights to it. Having a patent does not automatically mean you have a right to use your own invention. It’s always best to check with patent experts whether you should apply for a patent and/or what your next steps need to be.

To obtain a patent, your invention must be:

• something that can be made or used (capable of industrial application),
• new,
• inventive – not just a modification to something that already exists.

 What can’t be patented?

There are certain types of invention that can’t be patented. These include:

• literary, dramatic, musical or artistic works,
• a way of doing business, playing a game or thinking,
• a method of medical treatment or diagnosis,
• a discovery, scientific theory or mathematical method,
• the way information is presented,
• some computer programs or mobile apps,
• ‘essentially biological’ processes, such as cross-breeding plants, and plant or animal varieties.

 Applying for a patent

Applying for a patent is a long process that can either be made directly by yourself in the UK, or with the help of professionally qualified IP experts. The application for a patent must be made at a patent office such as the UKIPO or the European Patent Office, and has to include your personal details, your request for a patent, a set of claims (numbered clauses) that define the scope of protection sought, and a detailed description of your invention that explains how your invention works. This description will preferably also include drawings of your invention. Due to the complexities involved (particularly with regard to drafting the claims) it is strongly recommended that an IP expert is used to help with the drafting and filing of the patent application.  Once the patent application has been filed, it is extremely difficult to make changes or corrections, and so the patent application needs to be correct from the start.

 It’s essential to apply for a patent as soon as possible, because anything about your invention that is in the public domain can be used against your patent application to cast doubts over whether your invention is new or inventive.

 Mathys & Squire is intellectual property attorneys with expertise in patents, trade marks and design protection, copyright law and IP litigation. Get in touch today to discuss your invention and to receive expert advice about whether your invention is patentable.

The team at Mathys & Squire wish you a happy festive season and prosperous 2019.

We ran a competition with the children from the Grange Primary School in London to design the firm’s Christmas card and Sharmya’s snowman design won!

On Wednesday 12^th December, Mathys & Squire’s London office played host to a satellite seminar with One Nucleus, focusing on: Data Science in Meeting the AMR Challenge.

With talks from Public Health England, Oppilotech, the AMR Centre and Sensyne Health to name a few, the morning was an insightful exploration into the developments in, and increasing convergence between, the life sciences and data/software communities.

It is increasingly acknowledged and arguably undeniable that AI, machine learning and “big data” can have transformative impacts on medicinal chemistry approaches, diagnostics and surveillance. And, with these novel methods of remedying problems and improving solutions, comes the creation of new and exciting inventions and intellectual property!

If you missed the seminar and would like to know more about identifying and protecting your inventions, please look out for us at this year’s Genesis 2018 conference or contact Life Sciences  Partner, Craig Titmus, or IT & E  Partner Sean Leach via: [email protected] and [email protected]

Mathys & Squire are delighted to be part of London IP Week!

From the 10th to 12th December, the city of London will host a three day interactive intellectual property summit consisting of thought-provoking discussions, exploring the most contemporary trends and latest thinking in the world of IP alongside a series of networking events. 

Our team from our sister firm, Coller IP will be taking to the stage on day two to discuss the importance of creating, embedding and harnessing the power of an IP culture within an organisation.

For more information about London IP Week and to book tickets, please go to London IP Week – December 2018.

Social media has fundamentally changed the way individuals, businesses and corporations communicate with one another. As a marketing tool, social media can be highly effective for businesses that want to share information, engage with their target audience and build their brand.

Whether it’s blogs, forums, or well-known social platforms such as Facebook, Instagram, Twitter and YouTube; social media is a way of life for many people and because of this, it looks like it’s here to stay.

Most of us who have used social media in either a professional or personal context will know that the main focus of these platforms is user-generated content. This has resulted in countless online communities of like-minded individuals who willingly share their information and ideas. Inherently, this is not a bad thing; in fact, it’s a great way to connect people and businesses who might otherwise be restricted by distance and/or time. However, the practice of using social media in this way often collides with the fundamentals of intellectual property rights, creating a host of challenges and issues.

One of the key challenges that social media presents is the risk of intellectual property infringement. It is therefore essential that businesses keep a close check of their own intellectual property and put measures in place to ensure that it is fully protected from unauthorised usage.

This unauthorised usage can materialise in many forms, one of which is the use of established brand names in usernames or hashtags. Brand value and positive brand association take businesses many years of hard work and resource to establish. However, in the digital age of social media, all this can become tainted within a few moments if the brand or business is referenced in a negative, factually incorrect or unauthorised manner online. This can potentially result in irrevocable damage to the corresponding business and brand.

Copyright law is also something that has become threatened by social media. With platforms such as Instagram basing their entire premise on publicly sharing photos, it comes as a given that using these platforms involves accepting that your content may be shared with people worldwide. This has resulted in many copyright violations and legal battles that involve the unsolicited use of individuals’ photos.

In this sense, for many creative individuals and businesses, there is a difficult path to tread; how to get exposure on social media platforms whilst also enjoying the exclusivity and associated revenue arising from copyright protection. Seemingly, sharing content online greatly increases the risk of copyright infringement. However, a properly maintained IP strategy that incorporates the risks of social media can be a powerful tool in stopping users who violate copyright laws.

At Mathys & Squire, we believe in effective systems that protect intellectual property so that innovators can be properly rewarded.

Get in touch  with us today for more information and to discover how we can help your business to devise an effective IP strategy that combats the risks of social media.