Bethan Halliwell, Partner, and Lucy Tedstone, Associate, of European IP firm Withers & Rogers highlight the challenges of sustainable innovation, and explain how building an IP strategy with sustainability at its core can turn environmental responsibility into competitive advantage.
Sustainability is a key priority in the healthcare sector, due to its potential to bring both environmental and financial efficiencies.
The NHS Clinical Waste Strategy has reported that the NHS produces around 156,000 tonnes of clinical waste every year in the UK and, as outlined in a survey by WHO, 85% of this is classed as non-hazardous. Single-use medical devices, such as syringes, catheters, and endoscopes, have become one of the largest contributors to this environmental footprint, largely due to their production, transport, and disposal. In addition to the large amount of waste produced, around 4.8% of global greenhouse gas emissions are directly attributable to the healthcare sector.
With this in mind, tackling healthcare’s carbon footprint has become a priority for a number of leading health organisations. For example, the EU’s Green Deal has proposed recommendations for MedTech manufacturers to focus on greening production, and the NHS’s Net Zero targets are driving innovation activity. As pressure to deliver greener healthcare increases, innovators are exploring the role that novel materials and processes could play in minimising waste and reducing emissions. A key area of focus is finding new single-use devices that still meet the rigorous safety and efficacy standards required for medical use.
There are a number of challenges that innovators and manufacturers face when it comes to sustainable innovation for healthcare sector applications. One challenge is that clinical devices must be sterile and reliable, which is why single-use products have naturally become the default. However, single-use items typically end up in landfill, and depending on the materials used, can have a significant environmental impact.
To address the NHS waste mountain, innovators need to explore solutions that are eco-friendly whilst ensuring the safety and sterility that clinicians depend on. This means re-evaluating materials, reducing energy intensity, and designing for reuse or safe recycling from the outset.
One way waste can be reduced is by replacing single-use devices made from petroleum-based plastics with those made from materials such as bioplastics, bio-based polymers and biodegradable composites. These materials offer similar durability and sterility, but degrade more easily at end-of-life, cutting both emissions and landfill waste. Danish medical technology company, Ambu, has developed novel endoscopy solutions and laryngeal mask cuff protectors made from bioplastics, reducing reliance on fossil-based materials. Medtronic MiniMed, Inc. has developed a recyclable deployment device for glucose sensors [EP4335367B1]. Whilst designed as a single-use system for safety reasons, its construction allows for easy separation of materials after use, so plastic and metal components can be recovered and recycled.
Other MedTech manufacturers are adopting a circular approach to meet sustainability targets. Philips, for example, has developed an innovative MRI machine that uses a sealed helium loop and cold head to maintain superconducting magnet temperatures while requiring only 0.5% of the standard helium amount used today [US11508506B2]. This approach contributes to the conservation of finite resources. Another example of a circular approach is Bayer Healthcare LLC’s patented system for determining the viable life of replaceable components in fluid injector devices [EP3335167B1]. The technology uses sensor data to monitor the wear and tear of components, providing real-time feedback to indicate when parts need replacing.
Other emerging technologies include UV-based sterilisation, which reduces the need for heat or chemical agents, which are both energy intensive and potentially hazardous. For instance, the Instituto Nacional de Engenharia Biomédica (INEB) was recently granted a European patent for a reusable, light-powered sterilisation system and a catheter cap that incorporates the reusable sterilization system [EP4301420B1]. The apparatus is used to disinfect medical devices using graphene-based films as a photoactive bactericidal surface, which are activated by near-infrared (NIR) light to kill bacteria. This eliminates the need to use heat, harsh chemicals, or single-use sterilisation consumables. Additionally, advancements in PPE innovation are also bringing sustainability benefits, for example, medical grade gloves and equipment packaging are made from biodegradable formulations that adhere to medical use standards whilst breaking down faster after disposal. In another example, a patent granted to American Boronite Corp, describes a nanotube-infused fabric that self-sterilises when heated [US11819077B2]. This can be used across a range of PPE, including masks, gloves, and gowns, enabling continuous use and rapid sterilisation. The innovative fabric brings a range of sustainability benefits by reducing the need for hazardous waste disposal and logistics.
There are a number of considerations that innovators must account for when designing sustainable healthcare devices. Materials that perform well in the lab must still pass stringent regulatory checks to prove they are as safe and effective as their traditional counterparts. Devices need to withstand sterilisation, resist degradation during storage, and remain biocompatible over time. Even after approval, the adoption of new products by the NHS can be a slow process due to procurement frameworks that require proven evidence of long-term reliability. Clinicians are also understandably cautious about changing equipment that has been tried and tested for decades. Even when a sustainable alternative can provide evidence of its performance and durability, users must be convinced it is reliable in practice.
With regards to adoption of new technology, keeping the end user in mind throughout the design and development process is vital to optimise its suitability for clinical adoption. Clinicians need confidence that greener alternatives will integrate seamlessly into existing workflows and provide the best outcomes for their patients, so by designing for both sustainability and functionality, innovators can create products that are more likely to secure regulatory approval and achieve adoption by the NHS.
The growing importance in sustainability in the healthcare sector means that it is vital that technology companies look to protect their innovations by establishing a strong IP portfolio. Applying for patent protection not only provides security in a competitive market, but it also signals credibility to partners and investors. By securing patents for sustainability focused technologies, companies can demonstrate a tangible commitment to fulfilling both environmental and commercial objectives.
Additionally, by highlighting the environmental advantages that their technologies bring within their patent applications, innovators can make use of the UKIPO’s Green Channel. The Green Channel enables accelerated patent examination for technologies with demonstrable environmental benefits, helping companies to secure protection for their innovation faster. For investors, assessing the green credentials of product innovations and their associated patent portfolio, is increasingly important. Many funds now support ESG initiatives, so a patent portfolio that reflects sustainability not only enhances a company’s valuation but also strengthens its position when competing for contracts or partnerships with larger healthcare providers.
Working closely with IP professionals from the start can help innovators to ensure that their patent strategy is aligned to their business goals, and that the right steps are taken at the right time. For companies planning to scale, that might mean expanding their patent portfolio internationally and monitoring competitors to defend market share. Whereas for those looking to sell their business, the focus may be on generating a strong collection of patents that could appeal to buyers and potential investors. Also, when working in collaboration with other companies, it is important to put agreements in place that clearly set out the ownership of any existing IP for technologies that may be used during the collaboration, as well as any IP generated as a result the collaboration, to make sure the rights of all parties are protected.
The drive to sustainability is transforming the MedTech sector. Those companies that act early, protect their ideas effectively, and prove that greener devices are safe and perform just as well as the products they are designed to replace, will gain a competitive edge in a market where both patients and policymakers expect progress.
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