According to A Retrospective for Decisions: Blue Bioeconomy Portuguese Patent Signals 2004–2024, produced by B2E – Blue Bioeconomy CoLAB, 28.9% of the patent applications analysed are already in the public domain. None of these cases results from the natural expiry of the protection term: all correspond to applications that were withdrawn, refused, or lapsed during the process, leaving the technology available for any entity that wishes to use it.

“These figures confirm that there is a real and immediate opportunity for companies looking to enter the blue bioeconomy sector without having to invest in basic research. The technology already exists, has been validated in the laboratory, and is available to be put to use,” says Marta Santos, Head of Technology Transfer at B2E CoLAB and co-author of the study.

What is available, and in which areas

The pool of public-domain technology spans several stages of the blue bioeconomy value chain. The most strongly represented areas include health, therapeutic and dermocosmetic applications; food and functional foods; animal feed and aquaculture additives; bio-based materials and advanced coatings; and technologies for processing and extracting marine biomass.

In terms of maturity, most of these technologies have been validated at laboratory scale, meaning they have already passed the first scientific tests and can serve as a basis for industrial development without having to start from scratch.

But if the technology exists and is freely available, why have companies not yet taken advantage of it? The study points to concrete reasons. The databases where this information is recorded are publicly accessible, but require specialised technical and legal knowledge to navigate. On top of this, patent documents are written in technical and legal language that is difficult to translate into concrete industrial needs.

Furthermore, even when a patent has lapsed in Portugal, the same technology may remain protected in other countries or be linked to other rights still in force. For this reason, before it can be used, a freedom-to-operate assessment is needed — something most SMEs are not able to carry out on their own. It is precisely for this reason that access to specialised technical and legal support is decisive in turning this pool into a real opportunity.

The result is that the technology exists and is free, yet remains invisible to those who could benefit from it most.

Why this technology became available

The B2E CoLAB study shows that most of the patents analysed belong to public organisations: 58%, compared with 42% from private organisations. Over time, many of these technologies cease to be protected — due to maintenance costs, strategic decisions, or market uncertainty — and enter the public domain. This knowledge thus becomes an open-innovation resource with real value, particularly for companies and SMEs that lack the capacity to develop technology from the ground up.

“This technology was developed through scientific effort and often with public funding. It became available not for lack of quality, but because the system did not yet have the instruments to take it further. Recovering it and putting it at the service of industry is a way of adding value to the investment already made in the country,” says Marta Santos.

An active portfolio available for partnerships

Beyond the public-domain pool, the study maps the portfolio still under active protection. The retention rate is high overall: 84% of patents from the 2014–2018 period maintain at least one active or pending application, representing technology with real legal rights, potentially available for licensing, co-development partnerships with companies, or sale.

Retention is strongest in primary production areas, such as aquaculture, and in the processing and production of new products — the two segments with the greatest weight in the national portfolio. The area of circularity and resource recovery records the lowest retention rate, albeit with a small number of cases.

The recommendation: a practical tool for businesses

The study recommends creating a systematic mechanism to curate this pool: a screened list of available technologies, with freedom-to-operate assessments, technical-translation notes into industrial language, and links to testing infrastructure and public-procurement programmes. The aim is to reduce access barriers for SMEs and industrial partners interested in valuing marine resources, transforming a reservoir that is invisible today into an active instrument for innovation.

It is precisely here that B2E CoLAB positions itself as a strategic intermediary. With a mission centred on transferring knowledge between science and industry, the CoLAB brings together the technical skills, sector knowledge, and institutional networks needed to make this mechanism work.

“B2E CoLAB is well placed to be the bridge between this knowledge and the companies that can put it to use. It is not enough to map what exists; it must be made accessible and actionable. That is the work we want to do,” notes Marta Santos.

Study background

The study analysed 1,985 patent applications identified in international databases, covering the period 2004–2024, updated as of 3 October 2025. The national system is dominated by academic and research institutions, with the five institutions holding the most registered patents including the University of Porto, CIIMAR, the University of Minho with A4TEC, and the Polytechnic Institute of Leiria. Public institutions account for 58% of registered patents and private entities for 42%.

About B2E CoLAB

B2E – Blue Bioeconomy CoLAB is a private non-profit association that promotes the transfer of knowledge between science, industry, and society, with a focus on the sustainable valorisation of marine resources. Bringing together companies, universities, and research centres, B2E CoLAB acts as an engine of economic and social development, driving science-based solutions to address the global challenges of sustainability, circularity, and competitiveness in the fields of blue biotechnology, aquaculture, and living marine resources.