18/10/2023
Today (18th October 2023) is World Menopause Day. According to the NHS, this day is needed to: “raise awareness, break the stigma and highlight the support available for improving health and wellbeing for those experiencing menopause.” Currently in the U.K. there are an estimated 13 million peri or post-menopausal women, with 77%[1] finding at least one of their menopausal symptoms “very difficult” to manage.
In recent years, the conversation around menopause has been getting louder: women are speaking up about their lived experiences and destigmatising a topic that has long been considered taboo. Whilst we may be starting to break the stigma, medical support for menopausal women has a way to go.
Menopause is a natural occurrence caused by a hormonal change in a woman’s body as a result of aging. However, some women enter menopause earlier due to treatments such as chemotherapy and radiotherapy or as a result of a hysterectomy.
There are over 30 symptoms associated with menopause, and women experience varying combinations of conditions ranging from sleep problems and mood changes to hot flushes and palpitations. Although there is an alarming lack of research, it is obvious that the market must address the unique nature of menopausal women through precision medicine and individually tailored interventions.
We recently attended a webinar hosted by FemTech Insider in which they summarised the key areas for innovation within the menopause space as:
- Consumables
- Wearables
- Biotech
The number of exciting companies that are entering and competing within the menopause technology market is growing rapidly. In fact, the global menopause market size was estimated to be around USD 16.9 billion in 2022, but is expected to grow to USD 24.4 billion by 2030[2]. Each of the companies competing in this space are bringing forward innovative products that can incorporate new technologies from a combination of the key areas above. From an Intellectual Property perspective, this makes the menopause technology sector both highly competitive and challenging to navigate.
During the webinar, we heard about some exciting new products at the forefront of menopause technology right now. These products represent a snapshot of the innovation currently happening in this space:
- The Embr Wave 2, by Embr Labs: a watch that delivers cooling or warming ‘thermal waves’ to the temperature-sensitive skin of the inner wrist for on-demand hot flash relief. It has received numerous awards, including the AARP Innovation in Aging Award, Time Magazine’s Best Inventions, and the iF Design Award. Embr Labs was also listed in CB Insights’ Digital Health 150.
- The Menopause Stage Indicator, by ClearBlue: a urine testing kit combined with a smart algorithm in an app, that provides an indication of menopause stage by tracking levels of FSH (follicle stimulating hormone) over several days.
- Astellas Pharma and Bayer/KaNDY Therapeutics have developed fezolinetant (Veozah) and elinzanetant respectively; these are neurokinin 3 receptor (NK3R) antagonist drugs for hot flash management in menopause. Fezolinetant, approved by the FDA in May 2023, was the first non-hormonal treatment to address the neural signalling underlying hot flashes.
Careful consideration of IP and obtaining adequate IP protection is essential for companies operating within this competitive and innovative space. This is particularly the case for start-ups, where one idea or product often forms the core of the business. Being able to demonstrate a considered approach to IP protection can also be attractive to potential investors.
In a market where technological innovations are significant factors in achieving commercial success, patent protection usually plays a central role in a company’s IP strategy. The examples above each present unique challenges and opportunities from a patent perspective. The aspects of a new product that may be patentable are dictated by the nature of the technology. A good example of this is Embr Labs, who are innovators in wearable technology, and who have filed a number of patent applications directed to the specific mechanism by which a wearable device (such as a watch or facemask) can apply heat to the skin of a user.
With millions of women entering menopause every year and research focusing on improving the health and wellbeing of menopausal women, we are hopeful there will be an increase in innovation within this space in the coming years.
Sources:
[1] Menopause support U.K. – INFO – menopausesupport.co.uk
[2] Grand View Research – Menopause Market Size, Share & Trends Analysis Report By Treatment (Dietary Supplements, OTC Pharma Products), By Region (North America, Europe, APAC, Latin America, MEA), And Segment Forecasts, 2023 – 2030 – https://www.grandviewresearch.com/industry-analysis/menopause-market
This article is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Reddie & Grose LLP for advice before taking any action in reliance on it.
