Innovators
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TrusTECH provides Trusts with an innovation management service that will assist with all aspects of taking an innovation from an initial idea, prototype or service through to a product or service available to the wider healthcare community.
TrusTECH may be contacted by a departmental head, an R&D Manager or the member of staff wishing to discuss an innovation or to discuss the innovative potential of ongoing research or activity associated with healthcare delivery. A TrusTECH Technology Manager or the Service Innovation Manager will arrange to talk to the inventor or innovator about their work and ideas and will gather sufficient information to enable an assessment of the value and benefits of the innovation.
DH guidance states that innovation “should be exploited for the benefit of healthcare” and most innovations are “best brought into use by using normal knowledge management processes and making them freely available for the benefit of patients”.
For simple innovations that can be made freely available to other Trusts, TrusTECH will advise on protecting the intellectual property (IP) associated with the innovation (e.g. use of a copyright statement on a best practice document or set of guidelines).
For service innovations that have been successfully implemented in a Trust, have recognised benefits and where commercialisation is not an appropriate mechanism for dissemination, TrusTECH’s Service Innovation Manager will carry out an assessment under the Service Innovation Scheme.
For other innovations requiring commercialisation to bring them to a wider market, a Technology Manager will assess the value of the innovation (e.g. by looking at competing products, market size, potential development route/costs and IP protection). TrusTECH will report back to the Trust providing advice on protecting the innovation through legal rights know as intellectual property rights (IPR) and on the commercial potential. If a Trust wishes to engage TrusTECH to assist in the further development and commercialisation of its IP, then TrusTECH will work with the Trust under the terms of a second service level agreement (SLA2) to cover these ‘commercialisation’ services.
In all cases, an understanding of who has contributed to the innovation in terms of know how, time, resource and funding is essential to ensure that everyone involved receives appropriate recognition and that IP ownership is clearly understood. It is also essential that both Trust and innovators are fully committed to the process of taking an innovation forward either through a commercial route or through the Service Innovation Scheme.
Commercialisation
TrusTECH can assist with all aspects of commercialisation of an innovation and its associated intellectual property including IP protection, confidentiality agreements, product development, managing shared ownership, identification of commercial partners, licence negotiation and revenue sharing.
TrusTECH can support product development by identifying other Trusts, academic researchers or commercial partners for specialist advice (e.g. for trials or prototype production).
The most appropriate route for commercialisation is usually though a licensing agreement between the Trust and a commercial partner but for some simple ideas TrusTECH may suggest direct sales from the Trust and, in appropriate cases, TrusTECH can also support the establishment of spin-out companies through the development of a Department of Health business case.
Licensing is an effective way of controlling transfer of technology from a NHS Trust into Industry. When IP is licensed it enables the NHS Trust to retain ownership and hence control of the IP, whilst also generating income through royalty payments from its use by a company. The way in which the technology is used can be defined and limited by the terms of the licence. For example, the owners of a novel biological process can license a company or individual to use their process in a defined field of use, in a particular country or within a specified period of time. The licence will also specify when royalty payments and lump sum payments are due. Importantly, the NHS Trust is still the owner of the IP and the licence will usually include a clause so that in the event of the licensee becoming insolvent, the licence rights will revert to the owner.
Assignment is the transfer, or sale, of IP, usually for a lump sum payment and possibly in return for continuing royalty payments. In this case, ownership is transferred to the assignee and they take on all responsibility for the IP and its protection and use. In the event of insolvency, the IP may not revert to the original owner.
Assignment may be useful if a spinout company is being set up and the IP is required. Spinout companies are formed when an individual or a group of individuals, from a research institution decide that the best way to exploit their technology is through a separate commercial operation. There is considerably more risk involved in following this path rather than using the licensing route and a large investment of time and finance is required. Usually, the relevant intellectual property will be transferred to the new company by assignment. In return the NHS Trust may receive revenue from the company and may take an equity stake in the company (under section 5 of the Health and Social Care Act 2001). The inventor(s) may also take a stake in the company and receive financial reward. The new company may employ them or they may continue to develop the research at the NHS Trust and act as a consultant for the company. Financing the new company will be a major issue.
TrusTECH will advise on the best commercialisation route, and through its network of contacts and advisors is able to facilitate the process on behalf of the NHS Trust or University.