FAQS

1.

What is Intellectual property?

What is the NHS policy on IP?

What should I do if I think I have generated IP?

Who owns the IP (generated by myself or my team)?

Can an employee, as an inventor/originator of IP, benefit?

1.6

What about non-profit academic, clinical & research use of IPs?

2.

2.1

Can NHS bodies form spin-out companies?

1.

1.1 What is Intellectual property?
Intellectual Property (IP) is a generic term describing a group of tangible and intangible outputs as a result of intellectual activities. IP rights (IPR) are monopoly rights so that the owner can prevent or control their use throughout the world. Commonly known IP’s include patents, design rights, copyright, database rights, know-how and trade marks, and may arise from:

• Discoveries, inventions and modifications;
• Know-how and expertise
• Publications, software and domain names
• Clinical and research materials and notes [back to top]

1.2 What is the NHS policy on IP?
The Department of Health has issued a Framework and Guidance document on the management of Intellectual Property in the NHS.

The advancement of medical and healthcare sciences and innovation is key to the future of health and patient care, therefore to the success of NHS Trusts. The sharing of vital information and discoveries throughout the medical world is advocated. Meanwhile, valuable IP’s should not be lost but developed to improve health and patient care, to benefit the UK economy and to generate income. [back to top]

1.3 What should I do if I think I have generated IP?
Please inform your Trust’s IP Manager or IP Lead at the earliest possible opportunity, either directly or identified by an NHS innovation Hub, so they can help to protect the IP in the interest of you and the Trust, bringing benefits to all as mentioned above. [back to top]

1.4 Who owns the IP (generated by myself or my team)?
According to the UK law, the Trust as your employer owns any IP rights generated as part of or relating to your role and/or duties at the Trust. Please note that legal ownership of IP is not determined by whether it arises during working hours, or the location where it is generated.

Any variation to legal provision should be included in your employment contract or terms and conditions.

Please also note that since employees (whether consultants, academics or scientists) are not generally the legal owner of the IPs, any agreements (whether a licence, assignment or otherwise) entered into by an employee but not by the Trust may be legally invalid and may incur personal liability for breach of warranty, contract and/or misrepresentation. If you are unsure about any agreement that you have entered into, contact the Trust IP Development Manager for advice. [back to top]

1.5 Can an employee, as an inventor/originator of IP, benefit?
Yes. It is not just the kudos of being an inventor. Each Trust will need to decide formally how rewards derived from commercial exploitation of IP are to be shared between employees and the organisation. For a Trust with strong links to a university it will be usual for the Trust to adopt a sharing structure which matches that of the university to avoid employees in these organisations having conflicting reward structures. [back to top]

1.6 What about non-profit academic, clinical & research use of IPs?
There is no intention of impeding or inhibiting such activities. You are free to use the relevant IPs for not-for-profit academic, clinical and research purposes (subject to any requirements of confidentiality and Data Protection Act), including:

• Contributions to academic and scientific journals
• Conference presentations and posters
• Interviews. [back to top]

1.7 How can NHS Innovations assist me now?
All new exploitation and commercialisation opportunities and Intellectual Property activities are now administered by NHS Innovations London.

2.

2.1 Can NHS bodies form spin-out companies
As from September 2002 NHS Bodies can invest and be shareholders of spin-out companies.  The document entitled “The NHS as an Innovative Organisation:  A Framework and Guidance on the Management of Intellectual Property” was published in September 2002 by the Department of Health.  It explains the parameters of best practice in the formation of NHS spin-outs. [back to top]