The dynamic development of green technologies, the new regulations of the European Union and the growing pressure for sustainable development pose unique challenges and equally unique opportunities for the composite-material industry. How to effectively protect innovations in this reality? How to patent novel materials, processes and applications to meet not only market needs, but also the requirements of the Green Deal? In the article, we look at the key trends which shape the future of composites and the strategies which will allow companies to gain a competitive advantage thanks to the well-thought-out protection of intellectual property.
Composite materials, commonly known as composites, are materials composed of at least two different components which, when combined together, form a structure with superior mechanical, physical or chemical properties to any of the components alone. The main purpose behind making composites is to achieve a material having desired characteristics, such as high strength, low weight and resistance to corrosion or high-temperature operation. A typical composite consists of two basic elements: a matrix and a reinforcing phase. The matrix serves a bonding function, imparting shape to the entire material, while the reinforcing phase – most often used in the form of fibres – is responsible for increasing strength, stiffness and resistance to cracking. Examples of popular composites include epoxy-resin/carbon-fibre laminates, steel-reinforced concrete and glass-epoxy laminates used in electronics.
The growing importance of composites in the economy and the Green Deal
Faced with an industrial transformation driven by the EU's climate policy and regulations, composites are at the heart of a technological revolution. In 2024, the total size of the composite-material market hit 14 Mt (megatons) in the base case scenario, with 16 Mt in the optimistic variant, underscoring the industry's dynamic development. The role of composites in the Green Deal extends beyond applications in lightweight structures or renewable energy sources. Increasingly, it is the innovations in the quantitative and qualitative composition of composites, as well as their methods of processing and recycling that attain patent protection.
A new generation of composite materials
A new generation of composite materials is taking shape before our eyes. Biobased composites, manufactured from renewable raw materials and based on resins and natural fibres, e.g., flax, hemp or basalt fibres, are on the rise, as are composites made from the recyclates which close the material cycle. One especially interesting direction is the so-called "single-polymer composites." These are composites based on one polymer type, which significantly simplifies the recycling process. Sensor-equipped smart composites, capable of self-repair or shape change in response to external stimuli, are also evolving. Meanwhile, nanocomposites are gaining traction where extreme properties are in demand: energy, aviation and automotive sectors.
Recycling, nanotechnology and smart materials
Modern composites are developed to allow reprocessing thanks to the use of thermoplastics, monomaterials and material passports that facilitate composition tracking. The evolution of chemical recycling has enabled processing of composite waste previously destined for landfill or incineration. Polymer nanocomposites represent a qualitatively new group of materials, obtained by dispersing additives just a few nanometers in size in the polymer matrix. The global production of polymer nanocomposites equals approximately 1,500 tonnes, with MMT-reinforced polyamides for the packaging and automotive industries accounting for 1,000 tonnes. The nanocomposite market is worth about 211 million dollars and has grown by more than 100% in the past five years. The smart composites of the future, in turn, integrate the self-monitoring, self-heating and self-repair features. These materials are based on a polymer matrix with built-in carbon-filament conductive paths, which allows for damage detection and activation of repair mechanisms. What unites these solutions is their compliance with the goals set out by the Green Deal, such as reducing the carbon footprint, reducing the amount of waste and improving raw material efficiency. This is the answer to the market and regulatory expectations.
Legal barriers and environmental challenges
Despite the growing importance of composites, no uniform standards and criteria are in place for assessing their impact on the environment. There is a legal loophole regarding the Life Cycle Assessment (LCA) methodology for composites, which hinders comparing technologies and obtaining environmental certifications. In addition, the classification of composite waste remains ambiguous, balancing between the plastic fraction and hazardous waste, which raises problems for the producers and waste management systems alike.
How to effectively patent next-generation composites?
So how to effectively patent next-generation composites in the light of the new directives and amidst the changing regulatory landscape? Apart from the description of an invention, the wording of the claims and the arguments in favour of granting a patent are also of critical importance.
With regard to the patent-granting requirements, a technical solution should meet three patentability requirements: novelty, inventive step and industrial applicability. In the light of Article 54 EPC (Convention on the Grant of European Patents), the novelty of the solution means that no identical disclosure (mention) has been made in previous publications, both patent and literature. Therefore, it is worth protecting the specific proportions and combinations of ingredients that provide novel properties, e.g., UV resistance or reduced biodegradation time, the manufacturing methods that enable the reduction of CO2 emissions or energy consumption, and taking into account the industrial applications, e.g., in lightweight bodies of electric vehicles. In the description of the invention, it is worth including the specific recovery methods, material decomposition processes or compliance with the digital product passport – such an approach will not only facilitate obtaining patent protection, but also render the application more valuable for potential investors, industry partners, funds supporting green technologies.
The importance of protecting complex recovery technologies
As can be demonstrated on the example of glass and carbon fibre-reinforced composites, they are difficult to recycle. Despite this, innovative methods do emerge, such as those for recovery using mild solvents as well as pyrolysis with energy and fibre recovery, those for enzymatic decomposition of the matrices, including biopolymeric matrices. Therefore, it is worth considering the multifaceted protection of a complex recovery technology as an invention or securing the developed know-how as a trade secret (based on Directive 2016/943). It is also vital to protect not only the material itself, but also its method of processing and intermediate components, which will confirm compliance with the EU's future-oriented legislative trends and increase the market attractiveness of the technology.
Upcoming changes to EU regulations: ESPR and its impact
Moreover, new directives, such as the ESPR – Ecodesign for Sustainable Products Regulation, will have a huge impact on the design, production and sale of products in the EU, enforcing greater transparency of supply chains, durability and recyclability, especially in the field of composites. The ESPR is a key element of the EU strategy for the circular economy and the European Green Deal, which entered into force on 18 July 2024 and will start to be implemented on 19 July 2025, once the first detailed product regulations become binding.
The ESPR will change how the product is perceived: from disposable and cheap to durable, repairable and in line with the idea of circular economy. However, this may undermine the non-obviousness of the filed solutions. Therefore, in the application description, it is worth pointing out the surprising effects, proving the advantages over known solutions and stating grounds for non-obviousness of the solution in the best way possible, even with the knowledge of the EU's goals for the project. In addition, an increase in applications from China, Korea and Germany in the area of biocomposites shows that the technologies are gaining strategic importance for national economies. Poland has a huge potential to play a major role in the development of composites in Europe and worldwide. When seeking patent protection, it is worth covering not only the material itself, but also its application (e.g., for hydrogen storage or in PVC panels). One particularly preferable course of action to consider is a European application (before the EPO) or an international application (in the PCT procedure) which allows to simultaneously apply for protection of the invention in many countries. In doing so, one highlights the advantageous and mature nature of their project, and at the same time bars the competitors from entering and lays the foundation for technological brand recognition.
The strategic role of patent protection in the industry's development
It should be clearly emphasized that composites are the material of the future. However, for the technology to support the Green Deal, it must be not only environmentally friendly, but also well-protected. A well-thought-out strategy for protection of the company's intellectual property, encompassing novel materials, processes and applications, may be crucial for the competitiveness of companies on the European and global markets. In the sustainable-materials industry, where many solutions are in the development phase, the patent allows to stand out and protect the know-how against copying. In addition, companies and research teams with protected intellectual property are more likely to receive funding from national or international innovation funds.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
