Intellectual Property
The following gives information on the forms of intellectual property (IP) protection available. It goes on to highlight the importance of conducting a 'prior art' search of published literature and patents, before considering whether you would like to seek patent protection (you cannot patent something that is already in the public domain, while related public knowledge may limit your patent claims).
Some forms of intellectual property (IP) protection are free and automatic, whereas others can cost a significant amount of time and money. If the IP in question was developed during work time or assisted by your position within your NHS Trust, then your employer may have some/complete ownership of your IP. However, you can ask your Trust about revenue sharing agreements, while you can still be a named inventor on a patent. Due to the cost and complexity of gaining some forms of IP protection, involving your employer and the expertise that they can offer or can draft in, may be vital. Your Trust contacts listed below will be able to advise you further.
Special note on protecting software and databases
Patents
A patent protects new inventions and covers how things work, what they do, how they do it, what they are made of and how they are made. It gives the owner the right to prevent others from making, using, importing or selling the invention without permission.
A note on confidentiality – it is important that you do not make your invention public before you apply to patent it. Publishing a paper, giving a presentation or displaying a poster would put your invention in the public domain. Caution also has to be shown in talking with colleagues, friends and family. You can however disclose your invention to individuals under a non-disclosure agreement (NDA) or confidential disclosure agreement (CDA).
Further information is given by the UK Intellectual Property Office and web pages of the University of Leicester.
Your own Trust's R&D office may also be able to advise or may be able to put you in touch with someone who can (see Trust Contacts).
Designs
Design is all about the way an object looks, such as its shape and visual appeal . It must be new and have individual character. It can be a 3D object or a 2D ornamentation (e.g. pattern or logo). There are ‘design rights’ and ‘registered designs’. Design rights are automatic and protects from others copying the shape/configuration of the article, but does not protect for any 2D aspects, such as surface pattern. Registered designs afford exclusivity on 3D and 2D aspects for up to 25 years.
Further information is given by the UK Intellectual Property Office and web pages of the University of Leciester.
Trade marks
A trade mark is a sign which can distinguish your goods and services from those of your competitors (you may refer to your trade mark as your "brand"). It can be, for example words, logos or a combination of both. Trademarks must be registered through the UK Intellectual Property Office.
Copyright
Copyright protects many types of work, from music and lyrics to photographs and knitting patterns. It is automatic and applies to the fixed work, not an idea. Care must be taken in using images off the internet, as many are subject to copyright. Creative Commons is devoted to expanding the range of creative works available for others to build upon legally and to share . A UK site is coming soon.
If you own copyright on a piece of work, you can license it to others if you wish. Copyright licensing rules may also be of interest to those seeking to use copyright material. Selected pages from the UK Intellectual Property Office give information on licensing. The Copyright Licensing Agency also provides further details.
Your local library service will be able to advise further on copyright issues as can the UK Intellectual Property Office, while web pages of the University of Leicester also provides information. The Copyright Licensing Agency is also an excellent resource.
Know-how
Leveraging your know-how can be just as effective as resorting to formal IP protection arrangements. Have you developed a new surgical technique, have a unique insight into a condition or developed a training package? Who knows it as well as you do? Who is best placed to help others utilise it?
As the University of Leicester website link states: "Know-how is knowledge which may not be amenable to more rigorous forms of protection, but which has commercial value. Confidential information may also be referred to as a ‘trade secret’. Know-how can be technical, financial, marketing or knowledge of some other form. Commonly know-how is information which identifies how an industrial process can be implemented or how a key technical step may be executed."
Special note on protecting software and databases
Patenting is possible for software but may not necessarily be desirable (seek independent advice) because:
- you would have to disclose the software code, which means it can be very easily worked around by someone (a number of different software algorithms can give the same end result)
- patenting process takes far too long in relation to the pace of change in IT.
The most valuable attribute you have is the know-how around the workings of this software. For example, Google have not patent-protected their algorithms - they rely on keeping their algorithms secret and change them on a regular basis. You may also use:
Copyright and Database rights
Copyright applies to computer programmes and games, in the same way as literary works. Similar to copyright, database rights are automatic and commence as soon as the material that can be protected exists in a recorded form. Database rights last for 15 years and can be applied to paper and electronic databases. Further information on copyright and database rights, in relation to software can be found at 'copyright applies to' pages of the UK Intellectual Property Office.
Copy-protection of software
Licensing, encryption, firewalls, password protection and other ways to control access to software may be among the most effective ways to protect your software. Building trust with key software users may also be key. A summary of ways in which companies protect software is provided by Gillhams Solicitors (disclaimer - CLAHRC-LNR neither endorses or opposes any firm of solicitors)
Searching for 'prior art'
You can check for 'prior art' (see if your idea has already been thought of and published) by conducting a search of research literature (see our evidence pages) or asking your library to help and a search of patents worldwide.
Our Evidence pages and your own library will be able to assist you with this.
This e-mail address is being protected from spambots. You need JavaScript enabled to view it and the US Patent and Trademark office offer a patent search facility. This e-mail address is being protected from spambots. You need JavaScript enabled to view it is easier to use and includes US patents, but ideally, both should be searched. You cannot patent something that is already in the public domain.
Further useful information is given in web pages of the University of Leicester
Further information
Although no longer active (the office closed in 2010), NHS Innovations East Midlands website provides useful information on intellectual property and funding for innovation. Our own webpages on innovation also give details on funding opportunities.
Trust Contacts
Kettering General Hospital NHS Trust: details to follow shortly
Leicestershire Partnership NHS Trust: David Clarke, Associate Director R & D; tel. 0116 225 3743, email. This e-mail address is being protected from spambots. You need JavaScript enabled to view it
NHS Leicester City: Daljit K. Bains, Associate Director of Corporate Governance for NHS Leicester City and NHS Leicestershire County and Rutland; tel. 0116 295 8486, email. This e-mail address is being protected from spambots. You need JavaScript enabled to view it
NHS Northamptonshire: Ulrika Winstone, Governance Officer; tel. 01604 651 630, email. This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Northampton General Hospital NHS Trust: Julie Wilson, Associate Director R & D; tel. 01604 545 941, email. This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Northamptonshire Healthcare NHS Foundation Trust (NHFT): Ann Fountain, R & D Facilitator; tel. 01536 494 758, email. This e-mail address is being protected from spambots. You need JavaScript enabled to view it
University Hospitals of Leicester NHS Trust: details to follow shortly