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Intellectual Property
Trust employees will, from time to time, develop ideas and concepts which have practical applications and commercial potential. Examples are the development of new techniques, devices, software, pharmaceutical products, formulae and writings. Such ideas and concepts are termed Intellectual Property (IP) and, like other kinds of property, can be owned and protected .
As part of its commitment to delivering the best possible patient care, the NHS in general, and the Trust in particular, wishes to encourage its staff to develop and exploit Intellectual Property in conjunction with the Trust and the Regional NHS IP Hub (Medipex).
All staff are encouraged to solve problems and to develop new ways of working which benefit patients and their care. Many innovations will not be patentable or copyrightable but nevertheless have enormous potential benefits if successfully implemented. Staff should be given opportunities to pursue their ideas and the Trust has a responsibility to ensure that advancements in working practices are disseminated across the Trust and, if appropriate, nationally.
Why is IP important?
Department of Health Guidance 2002 requires all NHS organisations to manage the IP arising from their activities.
Ideas arising out of routine work as well as research may result in commercially valuable IP. The benefits of this are:
- Improvements in patient care through new innovations
- The possibility of significant financial benefits to the Inventor and the NHS
Examples of IP that may be exploitable:
- Devices and equipment.
- Diagnostics and therapies.
- Software.
- Guidelines and training materials.
- Pharmaceutical products and processes
What are intellectual property rights?
These are legal rights that can protect your ideas and inventions. They include copyright and patents
| Intellectual Property |
Intellectual Property Right |
Inventions (i.e. new technologies) |
Patents |
Confidential Information/Know-how |
Law of Contract |
| Publications |
Copyright |
Computer Software |
Copyright/Patents |
Designs (form, appearance, decoration) |
Design Right/Registered Designs |
Databases |
Copyright/Database Right |
Brands (product or service), reputation |
Trade Marks |
LTHT IP Policy
The Trust has a policy on the management of Intellectual Property. The policy sets out the rules of ownership of Intellectual Property arising from employees' work, and its protection and exploitation. It aims to maintain a balance between the legitimate needs of the Trust to protect its interests and the provision of a creative working environment for staff.
The policy can be accessed here:
Policy
on Intellectual Property
MedIPeX - Regional Innovation Centre
The LTHT Research & Development Department has led an exciting initiative to manage Intellectual Property (IP) in the NHS. We are part of a consortium of Trusts who successfully bid for funding to set up a not for profit company, called MedIPex that will assist Trusts in the management and commercialisation of IP.
We would like to hear of any new ideas or innovations that we can direct to MedIPeX for a more detailed assessment. This may be an idea or innovation where you believe consideration should be given to protecting the IP in the form of a patent or copyright and which may have value to the NHS or the potential for commercial exploitation.
If you have an idea or invention, please ensure that you have familiarised yourself with the Trust policy on Intellectual Property and have read the General Guidance on IP and the guidance on Confidentiality & IP below.
Please then complete an Invention
Disclosure Form 
and submit it to the R&D
Department:
The R&D Department will then liaise with MedIPeX who will undertake an initial evaluation of your idea or invention. They will assess the potential for protecting and commercialising the invention and will then liaise directly with you after the initial referral from R&D.
Confidentiality & IP
For guidelines on IP and confidentiality, please click here
General Guidance on IP
It is often difficult to protect IPR and advice is needed at the earliest stages. If an employee thinks they have an item of Intellectual Property there are a few simple guidelines which will help maximise the chances of being able to protect it:-
- Keep it secret until expert advice has been obtained. Public disclosure (other than under explicit terms of confidentiality) will invalidate any subsequent patent application and diminish both potential commercial value and benefits accruing to the Trust and the originator. (Confidentiality Disclosure Agreements will be used to enable Intellectual Property to be discussed with external parties. Disclosure without entering into an undertaking of confidentiality may prejudice negotiations of commercial arrangements with a company.)
- Resist pressure to announce or publish details until safe to do so
- Avoid giving away or selling samples
- Don't involve external organisations or companies in testing or prototyping without a written agreement.
- Don't sign any contracts or agreements until they have been properly
scrutinised
Guidance for Directorate Research Leads and LTHT Managers
Background information
MedIPeX have produced a list of Frequently Asked Questions about IP and its management, these can be accessed here
LTHT Policy
All IP generated within LTHT must be managed in accordance with the Trust's policy on IP. This can be accessed below:
Policy
on Intellectual Property
All IP should be managed through MedIPeX, the Regional Innovation Hub
What to do if a member of staff approaches you with an idea or invention:
If a researcher or member of
staff approaches you about an idea or invention please ask them to familiarise
themselves with the Policy on Intellectual Property, read the guidance
on Confidentiality &
IP above and complete
an Invention
Disclosure Form 
The Invention Disclosure Form should then be sent to the R&D Department who will liaise with MedIPeX. MedIPeX will assess the potential for protecting and commercialising the invention and will then liaise directly with the member of staff.
Further Information:
The NHS has a website on Intellectual Property. It has been created to support the management by the NHS of intellectual property generated by its employees. It contains information on national policy on the management of IP and can be accessed at:
NHS National Innovation Centre (NIC)
Examples of IP Generated by LTHT Staff
DFOR
The DFOR is a graphical icon that allows the viewer to visually determine what processing has been applied to a digital image and is intended for use where image interpretation is paramount. The design is simple but incorporates all the technical aspects of an image that may be affected by digital processing. For further information click here
Biomimetic Urothelium
A novel
human in vitro biomimetic urothelium (the lining of the bladder and urethra)
has been developed by researchers at the University of York and the Leeds
Teaching Hospital NHS Trust. For further information click
here
Panoramic
Test Object
This
device, the development of which has been led by the medical physics team
at Leeds Teaching Hospitals NHS Trust, allows routine QA of dental panoramic
X-ray units. For further information please click
here
HMDS
Solution
The invention is a diagnostic kit of reagents for fixing and permeabilising cells which can be used in the field of leukaemia. It is especially but not exclusively, haematopoietic cells with improved retention of cellular morphology and antigen visualisation in comparison to currently available methods. It allows analysis of a broader range of intracellular antigens, whilst improving retention of morphological characteristics.
Please click
here 
for further information.