Our brief guide to protecting innovation in the lab of the future

Making innovation count

New technologies are changing the way medicines and chemicals are discovered, developed and manufactured.

AI and automation are accelerating R&D. New approaches to green chemistry are helping businesses reduce waste, energy use and environmental impact. Advances in process chemistry, biotransformation and manufacturing are creating new opportunities to improve both performance and sustainability.

Intellectual property can play an important part in protecting the investment behind these innovations and turning technical developments into commercial advantage.

Our attorneys and solicitors work with businesses across the life sciences and chemical sectors to develop practical IP strategies around new products, processes, platforms and technologies.

We start by understanding what you are trying to achieve commercially. From there, we can help identify what should be protected, what may be better kept confidential and where third party rights need to be considered.

Our services

• Patent strategy, drafting and prosecution
• Freedom to operate
• IP ownership and collaboration agreements
• IP due diligence
• Licensing and commercialisation
• IP portfolio strategy and management
• Trade mark strategy and protection
• IP disputes and enforcement

IP considerations for the lab of the future

Protecting new processes and technologies

Innovation does not have to be a new drug or chemical compound to be patentable.

Patent protection may also be available for developments in areas such as:

• New chemical and manufacturing processes
• Green chemistry and more sustainable production methods
• Flow chemistry and biotransformation
• Formulations and delivery technologies
• Laboratory equipment and automation
• Screening and analytical technologies
• AI-enabled technical solutions
• Digital laboratory technologies and control systems

Where patent protection is appropriate, timing matters. It is important to file a patent application before the invention is publicly disclosed, as disclosure can jeopardise the ability to obtain patent protection.

Protecting process innovation

Process improvements can be commercially valuable, particularly where they reduce cost, improve yield, increase safety or make manufacturing more sustainable.

The right strategy may involve a combination of patents, confidential know-how and trade secrets.

Think about which aspects of a process could be discovered or reverse engineered by competitors and which can realistically be kept confidential.

Green chemistry and sustainability

Innovations that reduce waste, energy use, hazardous materials or the environmental impact of manufacturing can themselves have significant commercial value.

When developing more sustainable processes, consider where the competitive advantage lies. This might be in a new chemical route, catalyst, formulation, process condition, manufacturing method or combination of technologies.

The right approach may involve patent protection, confidentiality or a combination of both.

It is also worth considering whether improvements developed during scale-up or manufacturing create new IP that should be protected separately from the original product or process.

AI, data and automation

AI and increasing laboratory automation raise some additional IP questions.

These may include:

• Who owns technology developed internally or with an external supplier?
• What rights do you have to use training data and other datasets?
• What rights will each party have in data, results and other outputs generated through a collaboration?
• Could aspects of the technical implementation of an AI-enabled system be patentable?
• Which algorithms, data or processes should remain confidential?

Addressing ownership and access to IP at the outset of a collaboration can help avoid difficult questions later.

Collaboration and ownership

Many innovations arise through collaboration between pharmaceutical companies, technology providers, universities, CROs, CDMOs and equipment suppliers.

It is important to establish:

• What IP each party brings to the project
• Who owns new IP created during the collaboration
• Who can use the resulting technology
• What happens when the collaboration ends
• How confidential information and know-how will be protected

Freedom to operate

Having your own patent does not necessarily mean you are free to use or commercialise a technology.

Freedom to operate analysis can help identify relevant third party rights before significant investment is made in a new process, product or manufacturing approach.

This can be particularly important when adopting new platform technologies, automation systems or third party technology.

Focusing protection where it matters

Not every technical improvement needs a patent.

Consider:

• Which innovation gives you a genuine competitive advantage?
• What would a competitor most want to copy?
• Which technologies are likely to remain important as the business develops?
• What can realistically be kept confidential?
• Which markets and manufacturing territories matter commercially?

The answer may be a combination of patents, trade secrets, contractual protection and careful management of know-how.

Supporting investment, partnering and commercialisation

A strong IP position can support licensing, investment, collaboration and commercial discussions.

Investors and partners may want to understand:

• Who owns the underlying technology
• The scope and status of patent protection
• Freedom to operate
• Licences and collaboration arrangements
• Critical know-how and confidential information
• Any gaps or risks in the IP portfolio

Considering these issues early can make future transactions considerably easier.

As the technology develops

IP strategy should evolve alongside the science.

As a project moves from research through development, scale-up and commercial manufacturing, new inventions and new risks are likely to emerge.

Reviewing the IP position at key stages can help ensure that valuable innovations are identified and protected before they are disclosed or lost.

Talk to us

If you are developing new technologies in life sciences, chemistry or advanced manufacturing, speak to Anwar or Sophie about the IP issues relevant to your work.