Probably, yes — to obtain a patent, at least one part of the recycling process would need to be new. This could be an additional step to the process, a different step within an existing recycling scheme or a completely different route to recycling. For example, if your new process uses a different pre- or post-chemical treatment to facilitate recycling, involves different heating and cooling stages or cycles, uses different pressure regimes or involves the use of new degrading agents or combustion agents, your new innovation could well be patentable. Protection may also be possible if your new process is more energy efficient.

Yes. However, it would be important to assess what other second-life uses are already employed. If your new use is sufficiently different to prior uses, it may be possible to obtain a patent. When considering patent protection, it’s important to start the application process before publicly disclosing your new idea.

Firstly, the situation should be assessed before the new plastic material is released into the public domain. As part of the assessment, it’s important to identify who owns any potential patent rights to the degradable material. Relevant is the existence of any collaboration agreements between you and your supplier. These usually include an IP ownership clause that establishes who owns any arising IP.

One outcome could be that the potential patent rights are jointly-owned by you both. This isn’t necessarily a problem and one or both of you could still proceed with patent protection. However, it’s important for you to reach an agreement on how best to proceed.

A patent can be filed in joint names. Alternatively, your supplier may decide to transfer all rights to you at the start, during or even after the patent application process. The important point is that you secure your commercial position by filing. As part of any assessment of ownership, it’s common to evaluate those individuals/employees that have made an active contribution to the invention. This is often fundamental and decisive for IP/patent ownership.

If you’ve managed to keep your manufacturing process confidential internally, it may be possible to obtain a patent for it even at this stage. Any patent for a method of manufacture or process would need to include at least one new step. Even if this was developed and implemented years ago it could still be regarded as ‘new’ at the time of filing.

Obtaining a patent for a new product or process generally is helpful to strengthen your commercial and competitive position. In a simplified situation, a patent allows you to stop all competitors from using your process. This may be more energy efficient (and therefore profitable), use more sustainable raw materials or is in other ways more environmentally-friendly. A patent is a way of maximising your assets by legally defining the process or product. The value in a patent can take many forms — it could serve as a deterrent to your competitors who may be unwilling to knowingly adopt an infringing process. Knowingly infringing patent rights does affect due diligent assessment and company valuations. Most company shareholders don’t like to be in a liability position — it’s an uneasy board decision to knowingly infringe patent rights.

It can be difficult to ‘police’ a patented process. One strategy could be to make the industry aware of your process (for example, via your website and marketing materials) and to actively associate your patent with this process. Again, competitors would be unwise to knowingly infringe a process patent, as potential damages would accrue over years.

It may be possible to obtain patent protection for your waste water/effluent treatment. The question would be: is it known to use this particular plant variety for this specific purpose? If the plant hasn’t been used before in this type of water/waste treatment, it should be possible to obtain a patent for the system (for example, a reed bed incorporating this type of plant and a method of waste water or sewage treatment using the plant). You‘d then be in a position to control the manufacture, assembly and installation of these systems and all waste water and sewage treatment processes via your patent.

It would be important to start the patent application process before you discuss your concept with utilities companies. The reason for this is that patents must be filed for ‘new’ technologies and this could be considered a public disclosure. In addition, there’s the risk that a third-party could inadvertently disclose your concept without your consent or even exploit your concept without any commercial benefit to you.

Filing a patent preserves your position and all options going forward. You could then approach different companies to negotiate the best deal without risk of them running away with your idea. A patent is a powerful negotiating tool as a company asset and can be sold or even licensed to multiple companies — with all royalties paid out to you.