CAN BATTERY RECYCLING INNOVATION SATISFY THE GROWING DEMAND FOR MORE SUSTAINABLE BATTERY PRODUCTION IN EUROPE?
As the market accelerates towards electrification and eliminating fossil fuel dependence, the demand for sustainable battery production and a circular battery economy is increasing. New EU regulatory framework, which entered into force in August 2023, requires that from February 2027, all Electric Vehicle (EV) batteries sold on the EU market must have a battery passport. This digital document, accessed via a QR code, provides information about the battery’s production, testing and recycling. Additionally, it mandates that batteries contain a minimum percentage of recycled materials, such as 6% lithium and 16% cobalt by 2031, rising to 12% lithium and 26% cobalt by 2036.
With EU demand for lithium expected to increase 18-fold by 2030, achieving sustainable electrification requires an interplay between sustainable material sourcing and effective end-of-life battery processing.
TRACKING THE RISE OF BATTERY RECYCLING PATENT APPLICATIONS
We have previously reported on the rise in patent filings in battery technology over the last decade. It comes as no surprise to see a second wave of patent applications directed towards the recycling process following closely behind. The graph below shows the cumulative number of patent applications published over the last 20 years directed towards obtaining lithium and/or cobalt from battery recycling.
Search Methodology: Espacenet smart search term: ctxt=("batt" prox/distance<=3 "recycl*") AND (cl =/low "C22B23/00" OR cl =/low "C22B26/00")*
Given the aforementioned regulatory requirements, patents protecting innovations in battery recycling could be exceptionally valuable in delivering sustainable battery production as regulatory changes force battery manufacturers to seek sustainable material sourcing.
PROCESS CLAIMS ARE KEY TO PROTECTING THESE TECHNOLOGIES
Since recycling is defined as the process of turning waste material into reusable material, most battery recycling inventions are best captured through a “process” - or a “method” - claim. A process claim not only protects the process itself from copycats but also the products directly resulting from the process.
Therefore, a well-drafted process claim can extend protection to downstream products, such as the raw materials for subsequent battery production or the batteries themselves. This additional protection can be commercially valuable, as even if the process is performed outside Europe (and therefore outside the reach of a European patent), anyone importing these products into Europe could still be infringing a European battery recycling process claim.
KEY CONSIDERATIONS FOR BATTERY PROCESS CLAIMS UNDER THE UPC
The opening of the Unified Patent Court (UPC) gives European patent holders with process claims more options for enforcement, with a large proportion of the EU single market being encompassed within a single enforceable right in the form of a Unitary Patent. If the holder of a Unitary Patent suspects infringement, the UPC can grant “Preservation of Evidence” orders - similar to the French saisie orders - which allows access to the suspected infringer's property to gather evidence. This is a valuable tool for process claim patent holders as infringement of a process claim typically happens behind closed doors.
Another significant benefit of obtaining a Unitary Patent for a battery recycling process is the ability to enforce patent rights seamlessly across multiple EU countries. Battery recycling processes often involve several stages, such as extraction and processing, which may be carried out in different plants located in various EU countries. With a Unitary Patent, the patent holder can uniformly enforce their rights across all UPC contracting states. Therefore, even if different steps of the recycling process are performed in different countries, the patent holder can protect their innovation under a single patent right, simplifying enforcement procedures.
This is also true if the process is performed outside of Europe but the direct products, such as the recycled batteries, are imported into the EU. The ports of Antwerp and Zeebrugge in Belgium, Bremerhaven in Germany and Rotterdam in the Netherlands are all major European ports seeing an increase in EV imports from non-EU countries such as China. Belgium, Germany and the Netherlands are all UPC contracting states, allowing a Unitary Patent holder to enforce their patent against an importer/distributor operating in two or more of these countries with a single action, eliminating the need for separate national enforcement actions.
This streamlined approach enhances the efficiency and effectiveness of protecting and commercialising innovative recycling technologies within the EU market. For a more in-depth look, take a look at our article on the interplay between the UPC and process claims.
LEVERAGING PROCESS CLAIMS FOR MORE ROBUST PROTECTION
In summary, process claims should be at the core of the IP strategy for a battery recycling innovator, especially given the attractive enforcement options in Europe provided by the UPC and the protection for products directly made by a patented process. Our firm’s dedicated and multi-disciplinary energy & cleantech team is well-equipped to advise on these matters and can assist in gaining broad and robust patent protection, as well as handling national or UPC litigation. If you are involved in any form of battery innovation and would like to discuss how we can assist you, get in touch today.
