Establishing an innovation-first economy must include IP protection, Marks & Clerk urges UK government

• The med-tech sector is central to the UK’s economy and forms an integral part of the government’s strategy for boosting growth and innovation
• But greater clarity is needed from the government on the role that IP plays in harnessing and protecting innovation in the med-tech sector
• As part of its support for med-tech, leading intellectual property firm, Marks & Clerk, is publishing an eBook aimed at strengthening the industry’s IP protection.

16 January 2025 -- London, UK -- The med-tech sector is one of the most important contributors to the UK’s economy, with an estimated market size of approximately £25 billion and the source of over 100,000 jobs across the country. But beyond its important position within the UK’s economy, it plays an even more critical part in driving innovation in the development of cutting-edge technologies that attract wider domestic and international investment.

Building on the foundations of the Medical Technology Strategy introduced in 2023 by its predecessor, the current government has reinforced its commitment to supporting the life sciences sector. The government has integrated med-tech into broader economic and healthcare strategies for national progress, putting the life sciences industry at the heart of its “Five Missions for National Renewal”, recognising it as both a sector driving economic growth and a vehicle to modernise the NHS.

Yet, there have been no dedicated med-tech policy announcements since the Government was elected and there remains a lack of clarity over how IP protection safeguards the innovations underpinning the sector. Today, Marks & Clerk is calling on that to change. As part of this it is publishing an eBook, which is based on a series of real world examples, to help those in the industry better understand and implement a comprehensive IP strategy.

Julian Asquith, Partner, at Marks & Clerk and author of Lessons in IP from the MedTech Industry comments: “For any industry, registering IP assets is essential – strong IP protection ensures businesses can secure exclusive rights to their innovations, without which, motivation to invest time and resources into developing new technologies would be far lower due to the risk of competitors copying and profiting from these innovations without incurring the initial costs. The development of medical technologies involves significant investment in R&D, often requiring years of work and substantial financial resources before a product can reach the market. IP protection, particularly patents, ensures that companies can recoup these investments”.

The Innovation Ecosystem Programme Report, published in November 2024, emphasised the need to reduce regulatory barriers and foster better alignment among stakeholders to sustain the UK’s leadership in med-tech and life sciences. Strengthened IP frameworks will play a vital role in creating a more attractive investment environment for this globally competitive sector.

Asquith continues: “Robust IP policy contributes to broader economic growth by creating a more attractive environment for both domestic and international investments. Investors are more likely to fund innovative projects if they can be confident that their investments are well protected.”

With a long track record of working closely with entrepreneurs across the med-tech sector, Marks & Clerk has put together the following tips as a helpful guide to protect IP within the industry. The tips are included in the eBook through a series of case studies, which outline the lessons that can be learnt from specific innovations, a selection of which are included as follows:

1. Continual innovation: keep innovating and patenting new developments to build an evolving portfolio of IP rights, allowing entrepreneurs to both defend the IP and adapt or define new markets. Do not rely solely on one patent, ensure multiple patents are in place to safeguard against potential revocations
2. Careful drafting: by careful drafting of patent claims it is possible to avoid legal exclusions from patent protection
3. Computer inventions: MedTech devices which are controlled by computers or microprocessors fall within the realm of patentable devices, so don't be afraid to seek protection for such inventions
4. Use trade marks: consider registering trade marks for distinctive shapes, colours and any other non-conventional identifiers of the product – all of which will support long-term brand identity and differentiation
5. Use registered designs: use registered designs to protect the aesthetic appearance of MedTech devices, which is often of key importance to their adoption by patients.

About Marks & Clerk
Marks & Clerk is a leading international intellectual property firm, providing comprehensive IP services to businesses of all sizes worldwide. With over 300 attorneys across 15 offices in Europe, Asia, and North America, the firm helps clients achieve their ambitions through expert IP management. As specialists focused exclusively on IP, services include:

• Patent and trade mark prosecution
• IP strategy and portfolio management
• IP litigation, dispute resolution and oppositions
• IP due diligence and commercialisation

Marks & Clerk’s depth of expertise, underpinned by robust processes, enables the firm to select the right team tailored to exactly reflect the needs, ambitions, specialism and culture of its clients. Recognised by IAM, Managing IP, WTR, IP Stars, Chambers & Partners, Legal 500, Financial Times, and The Times as a leading international IP firm with over 100 ranked partners, principals, and associates across its office network. Visit: www.marks-clerk.com.