Intellectual Property

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Intellectual Property

• HEY Trusts New IP Policy
• and Role of Medipex

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HEY Policy on Intellectual Property

• Staff will, from time to time, develop ideas and
  concepts which have practical applications and
  commercial potential - termed Intellectual
  Property (IP) that may be owned and protected
• new techniques
• Devices
• Software
• pharmaceutical products
• formulae and writings
• Trust encourages its staff to develop and exploit
  Intellectual Property in conjunction with the
  Trust and the Regional NHS IP Hub (Medipex).
• Trusts Medical Director (the Executive Lead for
  RD) has ultimate responsibility for decisions
  regarding protection and exploitation of the
  Trusts IP.

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HEY Policy on Intellectual Property

• Staff will, from time to time, develop ideas and
  concepts which have practical applications and
  commercial potential - termed Intellectual
  Property (IP) that may be owned and protected
• new techniques
• Devices
• Software
• pharmaceutical products
• formulae and writings
• Trust encourages its staff to develop and exploit
  Intellectual Property in conjunction with the
  Trust and the Regional NHS IP Hub (Medipex).
• Trusts Medical Director (the Executive Lead for
  RD) has ultimate responsibility for decisions
  regarding protection and exploitation of the
  Trusts IP.

4
HEY Policy on Intellectual Property

• Staff will, from time to time, develop ideas and
  concepts which have practical applications and
  commercial potential - termed Intellectual
  Property (IP) that may be owned and protected
• new techniques
• Devices
• Software
• pharmaceutical products
• formulae and writings
• Trust encourages its staff to develop and exploit
  Intellectual Property in conjunction with the
  Trust and the Regional NHS IP Hub (Medipex).
• Trusts Medical Director (the Executive Lead for
  RD) has ultimate responsibility for decisions
  regarding protection and exploitation of the
  Trusts IP.

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Ownership of IP

• As a general rule, Intellectual Property created
  by any person during the course of his/her
  employment, belongs to the employer.
• The Trust is however committed to sharing with
  the staff concerned the rewards derived from
  successful commercial exploitation of IP which
  they have generated.
• There may be circumstances in which the Trust
  chooses not to take up its rights to the
  Intellectual Property, in which case the
  Intellectual Property rights of ownership (IPR)
  may be assigned to the employee.
• Staff responsible for protection and
  commercialisation, Trust retaining a 20 residual
  share of the financial benefits.

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Ownership of IP

• As a general rule, Intellectual Property created
  by any person during the course of his/her
  employment, belongs to the employer.
• The Trust is however committed to sharing with
  the staff concerned the rewards derived from
  successful commercial exploitation of IP which
  they have generated.
• There may be circumstances in which the Trust
  chooses not to take up its rights to the
  Intellectual Property, in which case the
  Intellectual Property rights of ownership (IPR)
  may be assigned to the employee.
• Staff responsible for protection and
  commercialisation, Trust retaining a 20 residual
  share of the financial benefits.

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Ownership of IP

• As a general rule, Intellectual Property created
  by any person during the course of his/her
  employment, belongs to the employer.
• The Trust is however committed to sharing with
  the staff concerned the rewards derived from
  successful commercial exploitation of IP which
  they have generated.
• There may be circumstances in which the Trust
  chooses not to take up its rights to the
  Intellectual Property, in which case the
  Intellectual Property rights of ownership (IPR)
  may be assigned to the employee.
• Staff responsible for protection and
  commercialisation, Trust retaining a 20 residual
  share of the financial benefits.

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Sharing the Benefits

• Trust agrees to distribute its net proceeds from
  exploitation
• 40 of the inventors
• 30 to relevant Clinical Department
• 20 to Research Development Department
• 10 retained by the Trust
• Medipex will negotiate on behalf of the Trust if
  research funded by an external, non-NHS or
  University agency.
• Where Staff have joint contracts with other
  organisations, for example Universities, a
  partnership agreement on intellectual property
  issues will be developed with each such
  organisation.

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Sharing the Benefits

• Trust agrees to distribute its net proceeds from
  exploitation
• 40 of the inventors
• 30 to relevant Clinical Department
• 20 to Research Development Department
• 10 retained by the Trust
• Medipex will negotiate on behalf of the Trust if
  research funded by an external, non-NHS or
  University agency.
• Where Staff have joint contracts with other
  organisations, for example Universities, a
  partnership agreement on intellectual property
  issues will be developed with each such
  organisation.

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Sharing the Benefits

• Trust agrees to distribute its net proceeds from
  exploitation
• 40 of the inventors
• 30 to relevant Clinical Department
• 20 to Research Development Department
• 10 retained by the Trust
• Medipex will negotiate on behalf of the Trust if
  research funded by an external, non-NHS or
  University agency.
• Where Staff have joint contracts with other
  organisations, for example Universities, a
  partnership agreement on intellectual property
  issues will be developed with each such
  organisation.

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Responsibilities Trust Staff

• Be mindful of IP
• Do not disclose invention to third parties! -
  (grant application paper submission)
• Notify the Trust RD Department of invention
• Work with Medipex to develop and exploit IP
• Make warranties regarding inventorship

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Responsibilities Trusts RD Department

• Promote IP awareness
• Advise on protection and exploitation of IP
• Liaise with Medipex to ensure effective
  identification, protection, exploitation and
  record keeping of IP
• Scrutinise contracts with external parties and
  ensure appropriate IP agreements are in place
• Manage revenue generated through exploitation

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Responsibilities - Medipex

• Assess and advise Trust on exploitation potential
  of IP, and most appropriate mechanisms
• Work with the inventor to exploit invention
• Proof of Concept funds
• Undertake patent searches and patent filing
• pay Year 1 patent costs only!
• Undertake negotiations on behalf of the Trust and
  inventor on licensing and other agreements
• Disseminate examples of best practice
• Assist with legal actions with third parties over
  commercial rights
• Arbitrate in any disputes relating to assignment
  of inventorship

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What is Medipex?

• First independent NHS company in England Wales
• NHS IP Innovation Hub for the Yorkshire and
  Humber Region, manage and commercialise IP within
  the NHS
• Trusts pay annual
• Membership Fee
• Acute, Community
• PCTs

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Medipex - Aims and Objectives

• To ensure benefits of IP created by NHS are
  returned to the NHS
• To identify, assess and commercialise new ideas
  and innovations leading to improved patient care
• To develop clear IP exploitation strategies with
  the Trusts and other NHS bodies
• To ensure that non-commercial but valuable ideas
  are disseminated throughout the NHS

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Medipex - Structure

• Board
• Chair Ex MD of Smith Nephew
• Chief Executive Officer of Medipex
• Chair of the Shadow Board
• 1 non-executive Director from each of 6
  Consortium Trusts
• 4 non-executive Directors from the Commercial
  Sector
• Operational Staff
• CEO
• 3 IP Managers all of whom are postdoctoral
  scientists have experience of IP exploitation
  in the HEI Sector
• Market Researcher with experience of PR
  Marketing in the private sector
• General Manager previously an RD Manager in the
  HEI Sector
• PA/Administrator previously worked in the HEI
  Sector

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Medipex - Structure

• Board
• Chair Ex MD of Smith Nephew
• Chief Executive Officer of Medipex
• Chair of the Shadow Board
• 1 non-executive Director from each of 6
  Consortium Trusts
• 4 non-executive Directors from the Commercial
  Sector
• Operational Staff
• CEO
• 3 IP Managers all of whom are postdoctoral
  scientists have experience of IP exploitation
  in the HEI Sector
• Market Researcher with experience of PR
  Marketing in the private sector
• General Manager previously an RD Manager in the
  HEI Sector
• PA/Administrator previously worked in the HEI
  Sector

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Has Medipex made a difference?

• Since began trading in February 2004 it has
• Carried out initial assessments on 400 NHS ideas,
  70 of which are being actively pursued
• Worked as a partner with University, NHS Trust
  and company on 3 successful HTD Grants totalling
  1.63m
• Filed 12 patents and 3 trademarks
• Successfully negotiated
• Six licensing deals on behalf of member Trusts
• Has set up a spin-out company
• Setting up a further 3 spin-out companies
• Run 2 Regional Innovation Competitions in 2005
  2006 with over 225 entries from 45 Trusts and
  15.6k of prizes
• Set up an e-commerce website to sell NHS training
  materials, books, software and advertise other
  NHS products

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www.nhs-ennovations.com
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2006 Regional Innovation Competition
Clean Sweep for Hull East Yorkshire Hospitals!
Innovative Device or Technology Immersive
(Virtual Reality) Tools for Clinical Training of
Therapy Radiographers
Innovative Service Delivery Use of the "Hull
Statin Calculator" to Guide Individualised Statin
Prescribing
Most entries (18) from a Trust