FAQs
FAQs for Inventors/Innovators
- 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 Trusts and other NHS Organisations
- What is TrusTECH?
- How can our organisation become a member?
- How does TrusTECH operate?
- What services does TrusTECH offer?
- What's the difference between service level agreements 1 and 2?
- When does a case come under service level agreement 2?
- How much does it cost to become a member?
- Once we become a member what happens next?
- Can you help with funding for IP protection and exploitation?
- What if an employee says he owns his own ideas?
- Should employment contracts include IP clauses?
FAQs for Companies
- What is TrusTECH?
- How do you operate?
- What types of innovation does TrusTECH deal with?
- How do I find out about new innovations TrusTECH has identified?
- Are the innovations listed on the web site, all that TrusTECH has on its books?
- I have a new product I want tested; can you help?
- I think TrusTECH could benefit from our services, who should I contact?
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.
FAQs for Trusts and other NHS Organisations
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. How can our organisation become a member?
Please check if your Trust is already a member, e.g. with your R&D Office, or check the list of members. If it is not a member please contact TrusTECH on 0161 276 5764 to discuss terms and conditions of membership.
3. How does TrusTECH operate?
Once your organisation has become a member and signed Service Level Agreement 1 you will be allocated a personal contact from the TrusTECH team. This Technology Exploitation Manager will be able to provide you with expert guidance and advice on looking after your innovative ideas and intellectual property.
4. What services does TrusTECH offer?
An overview of TrusTECH's services can be found in the NHS Services Section
5. What's the difference between service level agreements 1 and 2?
Service level agreement 1 (SLA1) is the standard TrusTECH membership agreement. This agreement will entitle member Trusts to help and advice on managing IP within the Trust including IP auditing services to help them identify IP, and advice on how to protect and develop the IP further.
Service level agreement 2 (SLA2) is the agreement setting out the terms if the member Trust chooses to engage TrusTECH for the development and commercialisation of IP identified under SLA1. SLA2 includes an obligation on the Trust to remunerate TrusTECH for these activities.
6. When does a case come under service level agreement 2?
After TrusTECH's initial discussions with the Trust/inventor, they will make recommendations to the Trust on protecting, developing and commercialising the idea. If the Trust requests that TrusTECH follow up these recommendations and develop the idea commercially, then the terms of SLA2 will apply.
7. How much does it cost to become a member?
The fee for non-Budget 1 funded Trusts and other organisations will be decided on a case by case basis. The minimum annual fee is currently £250.
8. Once we become a member what happens next?
An initial meeting will be arranged with your Technology Exploitation Manager to discuss how your Trust can benefit from the services available from becoming a member of TrusTECH. A series of IP audits or awareness raising sessions are good starting points.
9. Can you help with funding for IP protection and exploitation?
Yes, please talk to your Technology Manager to find out more about how you can secure funding for your innovation. TrusTECH may be able to identify sources of funding or negotiate agreements with companies to cover these costs. TrusTECH has also set up a fund for proof-of-concept and development work (the TrusTECH Pathfinder Development Fund). In order to receive funding from the TrusTECH fund, an application must be submitted by a TrusTECH Technology Manager to the fund committee.
10. What if an employee says he owns his own ideas?
Generally speaking under statutory law an employer will be the owner of IP generated by an employee in the course of employment or normal duties unless the employer and employee have agreed otherwise.
11. Should employment contracts include IP clauses?
Yes because without clarity on ownership and other issues, confusion and conflict will arise. There is a risk that inconsistent and inappropriate employment conditions may be introduced. Employees sometimes believe they have rights in IP which they do not. Due to the complexity of this area it is beneficial to include an IP clause in the employment contract to avoid disappointment. Guidance on this is available from the document 'The NHS as an Innovative Organisation' .
FAQs for Companies
1. What is TrusTECH?
TrusTECH is the North West NHS Innovation Hub. TrusTECH identifies intellectual property from within the NHS and provides technology transfer and innovation management services to over 40 NHS Trusts and PCTs in the North West region.
2. How do you operate?
TrusTECH is funded by the Department of Health and the Department of Trade and Industry with additional support from the NWDA. The team includes experienced Technology Exploitation Managers (TEMs) who work with NHS organisations in the North West region to identify intellectual property (IP). Once IP is identified, the TEMs work with the innovator(s) and their employing Trust to suitably protect the IP and to identify the best route to market (e.g. licensing, spin-out company formation etc).
TrusTECH acts as the link between industry and the NHS. Often the most appropriate way to launch a product into the healthcare market is to identify a manufacturer and/or distributor with expertise in a field related to the innovation. By making your company's skills and services known to TrusTECH, your company will be given due consideration if an innovation is identified requiring a commercial partner in your field.
TrusTECH can also help companies working with Trusts to apply for external funding awards e.g. SMART.
3. What types of innovation does TrusTECH deal with?
TrusTECH works with a wide variety of innovations from medical devices and therapeutics to educational materials and computer software.
4. How do I find out about new innovations TrusTECH has identified?
Please visit the current opportunities pages of our web site to see projects requiring commercial partners. If you are interested in a particular commercial opportunity advertised on the TrusTECH website, please contact us on Tel: 0161 276 5764; E-mail: innovations@trustech.org.uk. We may ask you to sign a Confidential Disclosure Agreement before we can discuss the opportunity in detail.
5. Are the innovations listed on the web site, all that TrusTECH has on its books?
The innovations listed on the TrusTECH web site are those projects that require commercial partners. It is likely that TrusTECH will be working on many other projects, but they may not be ready for the commercialisation process. For example:
if further development of the IP is needed;
if a scientific evaluation of the innovation is required;
if a patent application is in progress.
6. I have a new product I want tested; can you help?
TrusTECH may be able to identify suitable contacts for expert opinions in the field of healthcare. Please contact us with further details of your requirements. Tel: 0161 276 5764; Email innovations@trustech.org.uk.
7. I think TrusTECH could benefit from our services, who should I contact?
Please contact Bridget Liddle, Innovation Unit Co-ordinator, in the first instance at:
TrusTECH Innovation Unit
1st Floor, The Postgraduate Centre
Manchester Royal Infirmary
Oxford Road
Manchester
M13 9WL
T: 0161 276 5764 Fax: 0161 276 5766
E: bridgetliddle@trustech.org.uk