New UK guidance could spur NHS innovation, says expert

The update is the first change to NHS IP guidance in nearly a quarter century and has been designed to guide NHS Trusts and researchers on how best to make use of changes in technology since 2002.

The guidance also aims to streamline the process of collaboration and IP management for NHS related organisations, opening the door to quicker development and licencing of projects to enable them to be used in healthcare settings.

Louise Fullwood, a medical law expert with Pinsent Masons, said the new guidance would also open up new opportunities for developers and technology companies to partner, and develop, potential projects with the NHS.

“This is a big change since the previous guidance from 2002 was very much of the view that NHS Trusts should own IP arising from their own research and collaborations and exploit this,” she said. “In practice, busy Trusts are often not best placed to do this, and it’s caused delays and blockers to innovation.”

“The new guidance takes a 180 degree turn and recognises that commercial partners may be better placed to develop such IP and takes a much more relaxed view to them being assigned or licensed to such partners.  It also provides some straightforwardly-worded template documents to facilitate this – if these are adopted then this could really speed up negotiations and getting important innovations out into use on the frontline. “

“But for this to work effectively it will require both parties to embrace the simplicity of the templates and not seek to gold-plate them with terms and provisions used previously or elsewhere.”

Among the new guidance for NHS organisations are a call to update and review IP policies in line with the new principles, and assign a senior responsible officer to oversee governance and decision making around innovations and relationships.

It also calls for improved training for staff on effective management of intellectual property, and look at how best to access technology transfer capabilities (TTCs) – such as through universities or incubators – to exploit these IPs better.

In the announcement, the government cites an example of how two years of legal negotiations had derailed plans for a collaboration between a tech firm and an NHS researcher, stopping investment and interest in the project.

It said the new guidance, which was developed in collaboration with the National Institute for Health and Care Research (NIHR), would allow for greater returns to be invested back into the NHS, and develop more grassroots-level innovation within the organisation.

“This updated guidance removes the red tape and provides the clarity needed to accelerate innovation across our health service,” said health innovation minister Zubir Ahmed.

“By getting the fundamentals right, we can drive transformation, commercialise ideas both domestically and internationally, and strengthen the UK’s position as a global leader in health and life sciences research and innovation.

“Most importantly, it will ensure that the benefits of innovation - from improved patient care and more efficient services to fair commercial returns - flow directly back to patients, staff and the NHS, strengthening its role.”