As part of our 'meet the team' series, we talk to partner and head of chemistry, Jeremy Webster, about the importance of strong working relationships, taking a strategic approach to oppositions and his life-long interest in sustainability.
Jeremy's involvement in and passion for cleantech started early in his career. When clean technology – and the climate challenge - was yet to hit the headlines. Jeremy’s PhD was grounded in what was then called “green chemistry”, coinciding with the creation of the principles of green chemistry*.
“There was some seriously exciting work going on at the University of Nottingham at the time,” he says. “The focus on “cleantech” was unusual and a long way from mainstream. We were looking at clean alternatives to chemical processes, and polymer and materials synthesis using innovative solvent systems, tailored catalysts, continuous flow processes and in-situ spectroscopy. I was keen to see how this would translate into real world applications.”
Jeremy encountered patents during his PhD and became aware of the important role they had to play in the commercialisation of innovations, sparking the beginning of his interest in IP.
“When I finished my PhD, I accepted a post-doc role at the university’s newly-created business partnership unit (BPU), set up to forge links with industry and identify opportunities to collaborate and solve problems,” he explains. “My PhD had been sponsored by BP so I was already enthused by the commercial context and looking at how to facilitate technology transfer. The job was an important stepping stone for me in crystallising what I wanted to do with my career and, with the successful BPU experience under my belt, and after taking the opportunity to travel for a while, I took up a trainee position at Mewburn Ellis.”
Pivoting towards sustainability
Jeremy’s role has evolved from the day-to-day work of a patent attorney to heading up the firm’s sizable and growing chemistry group. “People and relationships have become integral to what I do,” says Jeremy. “I’m focused on developing my team and getting the best from them, and on engaging with my clients to understand their challenges. Many of the businesses we work with are on a “green journey”, whether they are a cleantech start-up or are a large corporate pivoting towards more sustainable technologies.”
Jeremy still loves the chemistry side of the job and continues to be energised and excited by the innovations – large and small - that are emerging in this space. “For example, in recent years I’ve been undertaking both opposition and advisory work for clients that innovate in and manufacture lightweight composite materials,” he says. “The ability to create high-performing lightweight materials has huge relevance, not least in aerospace and the energy sector – lighter planes use less fuel so have a smaller carbon footprint; and new, more sustainable chemistries can replace, and even improve on, conventional materials.”
Sustainable packaging is also an important part of reducing our impact on the environment, he explains. “This means moving away from plastic packaging, with multiple layers of wrapping, to more sustainable Nature Based alternatives such as grown biomaterials like algae and mycelium or cardboard based technology. Where continued use of plastic is more realistic, it means looking at using different polymers that are bio-sourced and/or have a better end-of-life footprint as compared to petro-derived materials."
“It's great to be part of this exciting journey across industry sectors and I have been working with innovator companies on materials for everyday products as diverse as adhesives, fabrics and hand lotions. The commercial reality is that customers throughout the supply chain are expecting sustainable solutions and the race is on to meet that challenge whilst simultaneously maintaining or improving performance.” Jeremy is clear that “there is a significant opportunity to deploy IP to maximise the commercial advantage of clean, sustainable products and processes.”
A strategic approach
For companies operating in these areas, says Jeremy, having IP protection in place and a strategic approach to enforcement and freedom to operate is key to their success.
“We are seeing increased opposition activity in the clean technology space,” he explains. “Polymer films, for instance, are an important component in battery technology and energy storage. As the transition to electric vehicles and static storage increases demand, companies want ownership of the chemistry technology that underpins battery performance and longevity. More generally, it is increasingly important for businesses to carve out technology advantage and where appropriate push back against potential competitors.”
Polymers developed specifically for 3D printing is another area where Jeremy is seeing increased activity. “The use of lightweight, high-performing polymers enable the creation of components with a lower environmental impact”. “We are seeing companies using oppositions strategically, ensuring other patents don’t stand in the way of monetising their own innovations.”
As cleantech takes off and gets closer to market, competition builds and each innovator will want to ensure that they emerge as key players. That means having a carefully crafted IP strategy is essential.
Whereas in the past it was mainly larger corporates taking a strategic approach to IP, including through their use of oppositions, Jeremy is now seeing smaller companies following suit. Empowering businesses of all sizes with effective IP strategies is something Jeremy feels passionately about. He and his team are committed to developing tailored IP roadmaps that align with their specific needs, resources and ambitions.
Asking the right questions
Jeremy wants to ensure the team at Mewburn Ellis is a centre of excellence for oppositions. “It’s all about digging deep, really understanding the technology and it’s commercial context,” he says. “There is real value in having an appreciation of the back-story behind the innovation. Sometimes we will know that because we have been involved from the start and worked on the patent applications, but in other cases, when a new client seeks us out for our opposition expertise, we need to make sure we get a thorough understanding of that context”.
“Gathering that information and asking the right questions about what a competitor is trying to do and what needs protecting at an early stage is key to a successful opposition. For that you need good relationships with all those involved, including those with the technical know-how at the client organisation.”
“Once I have the information I need, I look ahead. That means thinking beyond a first instance decision to two, three years down the track when the case is likely to go to appeal (most opposition cases are appealed). Our approach is to set things up so that in any future appeal we are well placed to get the best possible outcome. By anticipating the approach of the Board of Appeal and working back from there, our long-term strategy informs the here and now.”
We now have a further tool in the toolbox following the opening of the Unified Patent Court (UPC) last year. “The new court provides another option for those looking to challenge patents, and that is now part of our strategy for dealing with contentious matters” says Jeremy. “Mewburn Ellis has a strong track record advising on European Patent Office (EPO) cases, so given UPC invalidity cases will be underpinned by EPO case law, we are well placed to succeed at the UPC too.”
Environmental concerns
Jeremy’s interest in the environment and our impact on the climate goes beyond his working life and is something he has been passionate about from an early age. “I’ve always loved architecture and the built environment, particularly in relation to how we can design quality buildings that are sympathetic to the environment and have a reduced carbon footprint,” he says. This isn’t just theoretical for Jeremy - he oversaw the design and build of his own house along these lines and takes a keen interest in materials innovation in the construction industry.
Living near to both Manchester and the UK's Peak District National Park offers Jeremy and his family a great balance: "from our home, I get to admire the increasingly impressive Manchester skyline and access Manchester's vibrant culture, whilst being only a short hike away from the stunning surroundings of the Peaks".
*Anastas, P. T.; Warner, J. C. Green Chemistry: Theory and Practice, Oxford University Press: New York, 1998, p.30.
