What Chemistry, Materials & Life Science Inventors Can (and Cannot) Protect – With Real Examples

Most inventors know that patents exist. Far fewer know what exactly can be patented in chemistry, materials science, and life sciences – and what absolutely cannot. Even fewer understand how patents translate into real commercial leverage: blocking competitors, attracting investors, or licensing technology.

This article gives you a clear, field-specific roadmap, focused on Europe (EPO) with practical comparisons to the US, and brief notes on other regions. No legal background required – but several reminders that only an experienced IP professional can guide you safely through this terrain.

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Skip the Theory: What Actually Gets Patented in These Fields?

1. Chemistry & Materials Science: Broad and Patent-Friendly

If your invention is man-made, chemistry and materials science are among the most patentable domains worldwide.

You can patent:

New chemical compounds

• New small molecules
• New polymers
• New catalysts
• New additives or functional materials

If the molecule did not exist before, a product (compound) claim can give you the strongest possible protection: nobody can make, use, or sell it, for any purpose.

New materials

• Alloys, ceramics, composites, battery materials
• Nanomaterials, coatings, membranes

Material patents are powerful because one material can have dozens of applications you didn’t even foresee.

Manufacturing processes

• New synthesis routes
• More efficient, cleaner, cheaper processes
• Scalable industrial methods

Even if the product is known, a new process can still be patented.

New technical uses of known substances
Example:

• Known compound → newly discovered catalytic use
• Known polymer → unexpected application in electronics

These are typically protected via use claims.

What inventors gain in practice:

• Broad blocking power
• Licensing opportunities across industries
• Strong investor signals (“We own the molecule/material”)

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What You cannot patent in chemistry & materials:

• Natural substances as found in nature
• Scientific theories or equations
• Impossible inventions (e.g. perpetual motion machines)
• Trivial variations of known materials

If nature made it and you merely found it, you don’t own it.
If you isolated, modified, or technically applied it, that changes everything.

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Life Sciences & Biotech: Powerful, but With Red Lines

Life sciences are patent-heavy – but also the most misunderstood.

You can patent:

Pharmaceutical compounds & biologics

• New drug molecules
• Antibodies, recombinant proteins
• Vaccines, gene therapies

These are typically protected by compound claims, plus formulations and medical-use claims.

Engineered biological systems

• Genetically modified bacteria, yeast, cells
• Transgenic plants or animals (with limits in Europe)

Human-made biological entities are patentable.

Medical devices & diagnostics (hardware or in vitro)

• Diagnostic kits
• Lab-based tests
• Medical instruments

Second medical uses
Example:

• Known drug → new disease
  In Europe:

“Substance X for use in treating disease Y”

This is hugely important for drug repurposing.

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What you cannot patent in life sciences (EU focus):

Methods of medical treatment or diagnosis on the human body

• Surgical methods
• Therapy methods
• Diagnostic methods involving the patient

Doctors must be free to treat patients without checking patent registers.

Human body and its elements as such

• Genes as they exist in the body
• Organs, tissues, embryos

Ethically excluded areas (EU)

• Human cloning
• Human germline modification
• Industrial use of human embryos

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Claim Types That Matter (and What They Really Cover)

Understanding claim categories is more important than understanding statutes.

1. Product (Compound / Material) Claims

Gold standard.
If granted, they block all uses, forever (until expiry).

“Compound X”
“Material comprising…”

2. Process Claims

Protect how something is made.
Useful but easier to design around.

“A method for producing…”

3. Use / Medical Use Claims

Critical in pharma and biotech.

“Substance X for use in treating Y”

These protect markets, not molecules.

4. Device Claims

Key for diagnostics, medtech, lab equipment.

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Real-life takeaway:
A strong patent usually combines multiple claim types.
This is where IP specialists earn their fees.

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Europe vs US vs Asia: What Changes in Practice?

Europe (EPO)

• No patents for treatment or diagnostic methods on the body
• Isolated genes can be patented (with disclosed function)
• Strict ethics rules
• No grace period for prior disclosure
• Very formal, very predictable

United States

• Medical treatment methods are patentable
• But: doctors are immune from infringement suits
• Natural DNA not patentable (Myriad decision)
• One-year grace period for inventor disclosures
• Diagnostic patents face eligibility hurdles

China, Japan, South Korea (briefly)

• Medical treatment methods excluded (like Europe)
• Isolated genes generally patentable
• Rapidly improving enforcement
• Formalistic examination – good drafting is crucial

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Investors: What Patents Actually Signal

Investors don’t care about patent theory. They care about:

• Can competitors be blocked?
• Is there freedom to operate?
• Is the protection broad or cosmetic?
• Does it survive Europe and the US?

Weak patents = marketing fluff.
Strong patents = valuation leverage.

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Pro & Contra: Are Patents Always the Right Choice?

Pros

• Exclusivity
• Licensing income
• Investor confidence
• Market credibility

Cons

• Cost
• Disclosure to competitors
• Time to grant

Sometimes trade secrets are better.
Choosing wrongly is expensive – another reason IP professionals matter.

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Final Reality Check (Repeated on Purpose)

Patent law in chemistry, materials, and life sciences is highly technical, jurisdiction-dependent, and unforgiving.

General knowledge helps.
Only an experienced IP specialist can:

• Identify what is really patentable
• Draft claims that survive opposition and litigation
• Align patents with business strategy

Trying to “wing it” often results in patents that look impressive but protect nothing.

Or worse: patents that block you, not your competitors.

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Bottom line:

If you create man-made technical solutions, you can usually patent them.
If you understand what to claim and where, patents become business tools, not paperwork.

And if you want them done right:
Talk to a professional early.