Innovators
Innovator FAQ's
- What is TrusTECH?
- What is IP?
- What do we mean by 'innovation'?
- Do I own my idea/innovation?
- Why should I bother having a good idea if I don't own it?
- But what if I have my idea at home?
- I have a good idea, what should I do?
- I would like to speak to a company/other organisation about my idea, what should I do?
- I have spoken to a company about my idea, is that OK?
- I have heard about confidential disclosure agreements, what are they?
- How do I copyright a piece of work?
- How can I protect my designs?
- Can I publish a paper on my idea?
FAQs for Inventors/Innovators
1. What is TrusTECH?
TrusTECH is the North West NHS Innovation Hub and part of the wider national NHS Innovation Hub Network (see 'About TrusTECH?' )
2. What is IP?
Intellectual Property (IP) is the output of creative and intellectual activity, often associated with innovative ideas. It can be protected by legal rights called Intellectual Property Rights (IPR) (see 'What is IP?' ).
3. What do we mean by 'innovation'?
By innovation we mean introducing new ideas that solve problems, make life easier, improve existing methods or provide new ways of doing things. Examples of innovation include training packages or manuals, best practice guidelines, new uses for drugs, diagnostic tests, modifications to equipment, new or improved medical devices, software, and databases.
All of these innovations have associated intellectual property that can be protected by intellectual property rights. For example, written information and diagrams can be protected by copyright; inventions can be protected by patents.
4. Do I own my idea/innovation?
According to law, in general, any innovations that have been developed in the course of your employment/normal duties will be owned by your employer (i.e. your NHS Trust or PCT).
However, the rules of ownership are complex and might be affected by any funding you have received for work that led to the innovation, the terms of your employment contract and whether anyone else was involved in the innovation's development. It is therefore recommended that you seek advice if you are unsure.
If you have an idea that is unrelated to your NHS employment (e.g. a new kitchen utensil) then you will own the idea, rather than your employer.
5. Why should I bother having a good idea if I don't own it?
Although you may not own your idea, you may still benefit from its exploitation. All NHS organisations should now have IP policies in place, which detail how any income generated from commercialising good ideas is shared with the relevant members of staff. The exact details of how any income is divided varies between organisations but, in the majority of cases, staff will receive between 25% and 50% of the net income.
6. But what if I have my idea at home?
If you have an idea at home that is related to your NHS employment (e.g. a new surgical tool), then despite the fact that it was developed outside of working hours, it is likely be owned by your employer (see 'Do I own my idea/innovation?' ).
7. I have a good idea, what should I do?
Keep the idea secret and contact your Trust's IP contact (e.g. R&D Manager, Research Governance Co-ordinator). He/she should be able to give you some initial advice and refer you to TrusTECH if your organisation is a member (see list of members (hyperlink)). If you don't know who to speak to and your Trust is a member, TrusTECH will be able to tell you who your Trust contact is.
8. I would like to speak to a company/other organisation about my idea, what should I do?
If you have identified a company/organisation to work with, it is important to protect the confidential nature of the information that you may share in any discussions. In this situation you should have a Confidential Disclosure Agreement (CDA) (hyperlink to 10) in place before you share information. CDAs are also referred to as Non-Disclosure Agreements. (See also I have a good idea, what should I do? )
9. I have spoken to a company about my idea, is that OK?
If you have already spoken about your idea with a company (or other organisation external to your NHS Trust) without first putting a CDA in place, you are not protected against the company using the information without acknowledging, or conferring any benefit to, you.
However, it may be possible to put a retrospective agreement in place, if the company are willing to sign this.
10. I have heard about confidential disclosure agreements, what are they?
Confidential Disclosure Agreements (CDAs) are put in place between two or more parties who would like to share information which is of a confidential nature. An example of when a CDA may be used is when an NHS Trust would like to speak to a company about an idea. The agreement is used so that all parties involved are obliged to maintain the confidentiality of the information disclosed. Each of the parties to the agreement will not be allowed the use the other's confidential information without permission.
11. How do I copyright a piece of work?
Copyright is an automatic right, which exists as soon as the work (e.g. guidelines/ protocols) has been created. However, it is good practice to acknowledge ownership of copyright as this can act as a deterrent to those wanting to copy the work, and it will also enable readers to know where the work has come from. To copyright the work, include the following statement:
©2003 ABC NHS Trust. All rights reserved. Not to be reproduced in whole or in part without the permission of the copyright holder.
12. How can I protect my designs?
Designs may be protected by either a Registered Design Right or an Unregistered Design Right depending on their nature. Designs capable of protection under the registered design right, as the name suggests, require registration at the Designs Registry, which will incur a fee.
The Unregistered Design Right, like copyright, is an automatic right. It is advisable to maintain records (e.g. copies of your design and any other accompanying material), which are dated and signed. To verify the date, a copy of the signed and dated designs should be sent (via recorded delivery) to a place such as the R&D Office in a Trust for safe keeping. It is important that the envelope remains unopened until such a time when it is necessary to prove the date upon which the designs first existed.
13. Can I publish a paper on my idea?
If you have an idea which you would like to publish in a paper, it would first be advisable to speak to your R&D Manager/Coordinator (see: 'I have a good idea, what should I do?') It is important that the information remains secret until you know how you would like to protect/develop your idea. For example, you cannot patent an invention if you have already published information about it. Companies may be less interested in developing an idea with you, if you have already disclosed your idea to the public.
Protecting your idea does not prevent publication, but can delay it. However, if you are able to gain patent protection and/or identify a partner to develop your idea, there are greater potential benefits for both the NHS and you.