“Don’t fail to scale: seizing the opportunity of engineering biology”: The 1st report of 2024-2025 session of the Science and Technology Committee of the House of Lords published today, on the topic of the opportunities presented by the Engineering Biology field, and the risks to the UK of not engaging fully with appropriate investment and supporting strategy.
The report concurs with the former and current government’s identification of Engineering Biology (EB) as a technology which the UK has the potential to be a leading player in. However the report recognises that the UK’s position as a previous world-leader in EB was overtaken by other countries that take a more holistic approach to strategy, combined with increased investment. The inquiry identifies several policy areas that the UK should prioritise in order to support and enhance EB sector in the UK, including strategy, skills, regulation, infrastructure, investment, adoption and governance.
Part of the infrastructure recommendations highlight the importance of the access to early state research infrastructure required to enable companies to obtain the data required for patents, in order to develop intellectual property assets at an early stage. IP is the key value proposition of early-stage EB companies, and investors tend to take comfort in the filing of a patent application.
Potter Clarkson’s Sara Holland provided written and oral evidence to the committee on this topic, and other considerations related to intellectual property.
As Sara comments, the challenge for many who have ideas they wish to commercialise is coming up with the data needed to gain initial investment and start a company or spin out of academia:
“The first hurdle for a lot of the companies I work with is getting that proof-of concept data. There is this awful chicken-and-egg … you need the data to get a patent, but you need the money to get the data, and you cannot get the money because investors are increasingly pushing to get a patent..” … (Paragraph 138 on page 41 of the report)
In our role as IP advisors, we frequently talk with companies facing the challenge of bridging the gap between investment and data, and engaging with an IP professional early is important as this can help prioritise resources to the key experiments to obtain the type and range of data needed for supporting early-stage IP. Additionally, we can then be primed ready to draft patent applications as soon as the data is available, and to provide IP strategy advice to support seeking of investment.
Another challenge early-stage companies face is the awareness of the key concepts of IP and other commercial considerations As highlighted by Sara there is “a massive learning curve coming straight from a life of pipetting to learning about IP.” (Paragraph 79 on page 28 of the report)
Part of our role as patent attorneys involves supporting academics and early-stage companies with making that transition, prioritising a commercial, rather than academic, focus. As a strategically focused firm we have a wealth of experience in different spin out and commercial and academic environments.
The IP related considerations are just part of a wide range of factors and recommendations in the report that should be considered in shaping the future direction of EB in the UK. Crucially the report highlights that urgent action to drive forward EB in the UK is needed, as without this we are in danger of being left behind globally in the sector, as other countries increase investment and R&D.
As emphasised in the report, the time for action is now:
“Without urgent action in the areas this report outlines, we are in danger of losing out as other countries catch up and overtake the UK’s level of investment and R&D. Lord Vallance indicated that we have a small—and closing—window of opportunity to realise these benefits in the UK. We cannot afford to miss it.” (Page 6 of the report)
It is of vital importance now that parties in the sector continue to lobby the government to take the urgent action required to make sure that the UK takes the opportunity to fully explore the diverse benefits that growth in EB can provide, including benefits to the economy, as well as crucial developments in healthcare, sustainability and related fields.
On this note, Sara Holland is also a member of the Engineering Biology Advisory Panel (EBAP, Engineering Biology Advisory Panel - GOV.UK), an expert group established to support and advise government on the engineering biology policy work. The EBAP also aims to act as a conduit of ideas and views between the government and the EB sector as a whole. Accordingly, if anyone has any input or comments to feed into the EBAP please contact Sara Holland.
