Marks & Clerk is concerned that there is a lack of clarity over how IP protection safeguards the innovations underpinning the UK medtech sector. Image credit: funboxphoto via Shutterstock.

A leading patent lawyer has called on the UK Government to stabilise intellectual property (IP) protections for UK medtech companies.

London-based Marks & Clerk has pointed out that since the Labour Party took office, there have not been any dedicated medtech policy announcements, and there remains a lack of clarity over how IP protection safeguards the innovations underpinning the sector.

The company noted that the current Labour Government has reinforced its commitment to supporting the life sciences sector and built on the foundations of the Medical Technology Strategy introduced by its predecessor in 2023 since taking office.

Marks & Clerk also acknowledged that Labour has taken several notable actions for the UK medtech industry – which has an annual market turnover of almost £28bn – including the integration of medtech into broader economic and healthcare strategies for national progress.

Labour places the life sciences industry at the heart of its “Five Missions for National Renewal” and recognises it as a sector driving economic growth and a vehicle to modernise the UK National Health Service (NHS).

However, stating that innovation within the medtech sector requires a significant investment of both time and financial resources before a product can reach the market, Marks & Clerk emphasised that IP protections are vital to ensure these innovations are not only protected but that companies can recoup their investment.

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Marks & Clerk partner Julian Asquith said: “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.

“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.”

Lessons the lawyer says can be learned from specific innovation case studies include advisement to 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 and to carefully draft patent claims to avoid legal exclusions from patent protection.