As green chemistry becomes increasingly important to protecting the environment and human health, so too does securing intellectual property (IP) protection for the innovations that emerge from research and development in this sector to protect their value. Here, we explain why commercial opportunities within green chemistry are growing and explore the kinds of innovations that could benefit from patent protection.
With the increasing focus on climate change, sustainability, waste prevention and forever chemicals, the principles of Green Chemistry and innovations arising from them are assuming greater and greater importance.
For example, while certain fluorochemicals such as per- and polyfluoroalkyl substances (PFAS) form the backbone of many important products, including lithium-ion batteries, pharmaceuticals and homewares, their extraordinary persistence in the environment has led to them being dubbed ‘forever chemicals’. Once released, they are highly mobile and spread easily through water systems, leading to widespread contamination. They also bioaccumulate, building up in the tissues of plants and animals over time, and have been linked to damage to development, the immune system and reproduction.
Such is their impact on wildlife, humans and the environment that the UK Government has launched a PFAS plan to “work in partnership, taking a science-based and proportionate approach, to reduce and minimise the impacts of harmful PFAS on public health and the environment, including through the transition to safe alternatives.”
Companies working in the green chemistry space are already demonstrating positive developments in the move against these chemicals, and a robust IP strategy forms part of the building blocks which create value and promote investment, enabling their R&D work to continue.
Why patent protection?
Given the increasing global focus on reducing our environmental impact, companies working within the green chemistry space sit at the forefront of a vital, fast-growing and highly innovative sector. According to Insight Ace Analytics, the global green chemistry market is forecast to reach USD 328.05 billion by 2035, growing at around 8.4% per year.
Innovations that solve domestic or global problems such as waste reduction, the use of PFAS, reduction of petrochemicals or reduction of water usage (to name a few) have the potential to be very valuable commercially, providing that value can be protected.
A patent protects technical innovations, giving the patentee the right to prevent others from carrying out the protected invention. This provides the patentee with the space to develop, commercialise or license their technology, and establish a presence in the market, retaining and growing the value of their R&D work. It is also a strong signal to interested investors of the potential worth of new developments.
Innovations in green chemistry: What is patentable?
If your innovation is new and solves a problem within your sector, then there is a good chance that it is patentable, and it is worth having a conversation with a patent attorney to explore this further. Below, we look at a few specific examples of what may be patentable within four of the twelve principles of green chemistry.
- Use of renewable feedstocks. It may be possible to protect a manufacturing process that has been adapted or developed to use renewable raw materials, such as biomass. This could be, for example, a process that uses biodiesel derived from plant oils and algae.
- Design for energy efficiency. Many chemical manufacturing processes require significant amounts of heat and pressure. A method that has been developed or adapted to work at ambient temperatures or pressures could be patentable, as could a new product that has lower energy demands.
- Waste prevention. Innovations that prevent, reduce, or re-use waste are sought after by most businesses, making this a potentially lucrative area for green chemistry. Patentable innovations could include: new repair systems that allow end-users to increase a product’s lifespan; methods of using previously unwanted by-products; and easily recyclable packaging or materials.
- Less hazardous chemical synthesis. Synthesising new compounds often involves the use of hazardous or highly reactive ingredients. A patentable innovation could be a synthetic route for producing safer chemical compounds that uses fewer (if any) hazardous ingredients.
Why should you work with a patent attorney?
Given the complexity of the technical field, working with a patent attorney who has an academic and professional background in this field can make all the difference in identifying what can be patented. A patent attorney can work with you to identify the innovations which have the most potential commercial value, developing an IP strategy that focuses on those areas of greatest value and provides the most useful protection within the commercial and financial framework of your business.
As well as securing patent protection in the UK and overseas, a patent attorney can also help to:
- develop an ongoing IP strategy to identify potentially patentable developments arising from R&D work;
- carry out searches to identify third-party patent rights;
- provide advice regarding freedom-to-operate, and the likelihood of infringing the patent rights of a third party.
By protecting your innovations in green chemistry and ensuring that you are not infringing the rights of others, you can secure a competitive and commercial advantage in a sector that stands to grow significantly in the next decade. More importantly, a strong IP strategy can form part of a solid foundation on which to continue research that could help in the fight to halt climate change and protect human health.