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 12th 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.
We are delighted to feature in this year’s rankings for the World Trade Mark Review 1000.
The WTR 1000 is the “definitive ‘go-to’ resource for those seeking legal trademark expertise” and covers the international and commercial practice of trademark law.
Our inclusion in the rankings highlights our commitment to providing pioneering and commercially focussed legal guidance for all of our clients and we are enormously proud of this achievement.
Individual partners have also been included in the rankings: Partner Gary Johnston in the prosecution and strategy category, and Partner Margaret Arnott in both the enforcement and litigation category and the prosecution and strategy category.
Our team of trade mark attorneys work with clients across the world, consistently advising on trade mark protection, management, enforcement and anti-counterfeiting issues. To read more about the rankings, please click here or click to meet the trade mark team and discuss protecting your brand.
Many of us are becoming more and more aware of the increasing need for a sustainable and environmentally friendly approach to manufacturing. The use of single-use materials, such as plastics, has gained widespread media attention this year. One company that is seeking to address these issues is Chip[s] Board®.
Chip[s] Board was developed by co-founders Rowan Minkley and Robert Nicoll in response to the environmental impacts of readily disposable materials. Working across a range of design and fabrication projects, the founders were both overwhelmed by the lack of value materials were given and sheer disposability they held after such short lifespans.
Inspired to find a new solution they sought to develop a new material that, if treated in the same disposable manner, wouldn’t have the enormous environmental impact currently generated by material disposal. Their solution is to use potato waste to create a new material that can be used in a variety of applications – from building materials to the fashion industry.
Having previously worked with the Central Research Laboratory, a hardware accelerator based in west London (with whom Mathys & Squire work closely with to provide IP support and advice), the team at Chip[s] Board have gone on to win three awards in three consecutive nights. Their most recent accolade awarded by the Royal Academy of Engineering Launchpad Final and was presented by HRH The Princess Royal. The Launchpad competition is an initiative set up to encourage young younger generations to start and grow their own engineering businesses. Not only is this recognition in and of itself valuable, but the team also win a cash prize and membership of the Royal Academy of Engineering’s Enterprise Hub.
Rowan Minkley, CEO of Chip[s] Board commented, “winning the LaunchPad award and receiving such a respected accolade from the Royal Academy of Engineers has given us the necessary backing to take this company from lab scale prototypes to a globally produced material. It’s amazing to see how many people are ready to support material innovations to bring circular economy to the industry”.
Dr Andrew White, patent attorney and Managing Associate at Mathys & Squire added that, “it’s fantastic to see Chip[s] Board winning so many awards and for gaining recognition for their unique and environmentally-friendly product. My colleague Matt Morton and I have worked with the team for a few months now helping them to develop an IP portfolio. They are a real pleasure to work with and it’s fantastic to see their continued growth and expansion. We look forward to continuing our work with Chip[s] Board and helping them on their journey to success”.
To discuss protecting the IP in your technology – whether it relates to a new material or manufacturing process, or otherwise – please get in touch via our Contact Us page or email one of our attorneys.
Protecting intellectual property (IP) by way of patents and registered design rights is currently underexploited in the food industry. However, there are certainly a few businesses building broad IP portfolios encompassing numerous aspects of their operations, such as the food products and recipes themselves, factory machinery, and even food packaging.
We have published a number of articles which explore the benefits of protecting your IP – but what about the IP of others? How can you minimise the risk of a competitor preventing you bringing your product to market?
The answer to these questions is to perform IP due diligence. Ideally, this should be built into your product development process, and be a key consideration before entering a new territorial market. A patent attorney will be able to provide a freedom to operate opinion, identifying any relevant patents or designs that may encompass your food product, packaging or other activities (e.g. carrying out your method of manufacture). In the absence of such IP due diligence, money and many man-hours can be wasted on developing a product, only later to receive a legal challenge from a competitor shortly after launch!
If relevant IP rights are identified, then this is rarely an absolute impediment. In many instances a patent attorney can suggest (potentially small) changes to your product to design-around these existing IP rights, so that you can proceed to launch with little disruption and peace of mind. Therefore, it is important to perform this analysis at an early stage in development. Alternatively, if a design-around is infeasible, there are measures that can be taken to attempt to invalidate (or as a last resort, seek permission to use) the existing IP.
Needless to say, performing appropriate IP due diligence provides you (and your investors) with increased legal certainty and confidence in your product launch.
Our top tips
- Never overlook competitors’ IP rights: to do so risks investing in developing a product or process which may already be subject to patent or design protection. Resulting court proceedings can be extremely expensive and time consuming, and are best avoided.
- Engage with a qualified patent attorney: conducting a thorough investigation and analysis of the patent literature will provide a valuable overview of the IP landscape, and the resulting increase in commercial certainty can improve the value of your business (particularly from an investor’s perspective).
- If relevant IP rights are discovered don’t panic: invalidation or design-arounds may be possible, alternatively a licence from a patent holder to use the protected technology or design (usually in return for royalty payments) may be possible.
- Consider designing-around the identified IP rights: making changes to your product or process can avoid infringing a patent or design. IP is full of nuances which can be readily identified and exploited by the assistance of a qualified patent attorney.
- Always protect your own IP: the opportunity to ‘cross-licence’ then becomes available, which can be of significant help for negotiating favourable licensing terms.
IP due diligence is of vital importance for legal and commercial certainty, even more so as innovation and competition continue to grow in the food industry.
For more information, contact the authors – David Hobson and Lionel Newton – directly, or visit our specialist food & beverage page.
The food and drink industry is jam-packed full of ideas, innovation, research, development and most importantly – intellectual property. Ahead of attending Food Matters Live and sponsoring Food Tech Matters this year, individuals from our food and beverage team have drafted a four-part miniseries which explores IP in the food industry, the types of protection available, and benefits to your business.
1. The missing ingredient: why the food industry needs to protect its intellectual property
Beyond trade marks, protectable intellectual property is not necessarily the first thing that comes to mind when one has developed a new food or beverage product. Why is this the case, especially when so many other industries have readily adopted and employed IP protection to their commercial advantage?
Author: David Hobson | [email protected]
2. Ripe for the taking: why brand protection is key in the food industry
The food and drink sector was arguably the first sector to recognise the importance of brand protection: the very first UK trade mark application was filed in relation to beers – the Bass triangle back in 18766. Since then, this competitive and innovative industry appears to have really grasped the importance of packaging, get-up and branding. Building a successful and recognised brand can be challenging and many companies often invest heavily in the initial brand creation, development and promotion before realising that legally they cannot use that branding without facing court action. How can companies avoid this?
Author: Laura West | [email protected]
3. Food for thought: how patents can help businesses within the food and drink industry
The search for a competitive edge in this industry has led companies to invest heavily in research and innovation in order to produce the requisite taste, mouthfeel, appearance and nutritional value to attract potential customers whilst simultaneously reducing production costs. There is also the added pressure to keep abreast of (or stimulate) the latest consumer trends, such as the rise in vegetarianism, veganism, interesting new alcohol-free drinks, healthier versions of comfort food, the use of AI within the food industry, as well as meeting the requirements of new governmental policies.
Producing food and drink products which meet of all these requirements can provide companies with a competitive advantage however the question remains: how can this advantage be maintained and how do companies prevent competitors reaping the rewards from their research and investment?
Author: Laura Clews | [email protected]
4. Ensuring you don’t bite off more than you can chew: navigating third-party intellectual property rights
Protecting intellectual property by way of patents and registered design rights is currently under-exploited in the food industry. However, there are certainly a few businesses building broad IP portfolios encompassing numerous aspects of their operations, such as the food products and recipes themselves, factory machinery, and even food packaging. Other articles have explored the benefits of protecting your IP – but what about the IP of others? How can you minimise the risk of a competitor preventing you bringing your product to market?
Authors: David Hobson & Lionel Newton | [email protected] & [email protected]
From chemistry, composition and ingredients to trade marks, packaging, patents and designs – we have the expertise to help identify, protect and commercialise your IP. Call 0207 830 0000 to talk to a member of the team. To read more about our work in the food and beverage sector, please click here.
