Intellectual Property Rights
What is Intellectual Property?
Intellectual Property (IP) results from intellectual or creative activity - anything from song lyrics to spacesuits. Like any other kind of property, it can be bought, sold and licensed. IP can be protected by four main types of rights - Patents, Copyright, Design Rights and Trademarks.
Why should I protect my Idea?
Without the relevant protection for your innovation, anyone would be free to copy your innovation and market it for themselves without acknowledging you. This lack of protection for an innovation would deter commercial partners from entering into any deal to add the innovation to their portfolio and thus makes it very hard for us to get any the innovation onto the market to improve patient care.
Who owns the IP?
Who owns the IP relating to an innovation can be a complicated issue, even more so if the innovation arose from collaboration between NHS employees and University colleagues or other third parties. Who owns the IP depends upon the circumstances in which an innovation arises. An innovation belongs to the employer, not the employee, if 'made in the course of the normal duties of the employee'. (UK Patents Act 1977). When disclosing your idea to us, it is helpful to set out who has contributed to the innovation, what they have contributed and who their employer is so we can determine where ownership of the IP lies.
What benefit is there for the Innovator?
With the support of their Trust, an employee may get to see their innovation on the market, as NHS Member Trusts have access to our Intellectual Property Services in order bring their idea to life. In most cases, where an NHS Trust claims ownership of intellectual property and it is commercially successful, the inventor may stand to benefit financially. The Trust's Intellectual Property policy may indicate how revenue would be shared between the Trust, Inventor and possibly the Inventor's department. The level of revenue share is at the discretion of each Trust and is not a matter for NHSIL.
Patent
Patents are filed for inventions, such as a new process or product. A Patent is really a bargain between the owner of the IP and the relevant patent office. It allows the owner of the IP to gain an exclusive right to their invention in exchange for providing all details of the invention to the patent office and paying fees. The patent lasts for 20 years and allows the owner to stop others from making, selling or using the invention. In order to get a patent, several requirements must be met. The most important of these is that the invention is new, so disclosing the invention before a patent application is filed will almost always result in the loss of patent protection. For more information see http://www.ipo.gov.uk/types/patent.htm
Who are the Inventors?
When an innovation is disclosed to us, we undertake a thorough review of everyone that has contributed. An inventor is a person who had the original idea or someone who contributed creative thought that can be identified in the claimed invention. Collaborators may or may not contribute to the concept being claimed and great care should be taken in deciding who should be named as an inventor. If you are in doubt, please contact NHSIL.
What do I need to do?
Firstly, if you think you have an invention, keep it secret and contact your IP Lead or R&D department who will put you in contact with us. It is helpful if you can supply all of the information required on our Disclosure form as this enables us to look at whether your idea meets the basic requirements to file a patent application. We encourage inventors to work with our Intellectual Property Managers from the very start of the patent process in drafting and filing patent application through to looking at the prior art and comments made by the Patent Examiners.
Copyright
This form of protection may apply to a wide range of creative or artistic "works". Works covered by copyright include literary (books, computer programs, song lyrics etc) and artistic works (paintings, drawings, photographs etc), recordings of a work (sounds and film), music, drama and typographical arrangement. It is an automatic right and it does not need to be registered. NHSIL can discuss with you whether your innovation would be protected by Copyright.
Registered Design Right
Registered Design Rights cover physical innovations, such as a novel light bulb. Registered Design Rights usually give exclusive rights to the owner for commercial objects with a unique or aesthetic appearance. Applications to the relevant bodies must be made in order to register a design. When registered the design is granted monopoly protection for a period of five years, which can be renewed five times for a total of 25 years. Our team of Intellectual Property managers can advise and handle the filing of Registered Design Rights for member Trusts.
Trademark
A trademark is a badge of origin of goods or services and the owner of a registered trademark can prevent others from using an identical or similar trademark. Trademarks may be applied for nationally, within the European community or worldwide (as for Registered Design Right). Trademark registration can be held indefinitely, subject to renewal every 10 years. Trademark Registrations may be relevant where an innovation is to be included in a Start-Up company.
To speak directly to a member of the team call 0207 025 0900.
