• Document Your Research:
  Keep detailed records of your research process, including dates, methodologies, and results. This documentation can be vital for patent applications and for defending your IP.

• Collaborate Wisely:
  If collaborating with other institutions or individuals, clarify IP ownership and rights upfront through formal agreements. Maintain confidentiality.

• Educate Your Team:
  Ensure that everyone involved in your research understands the importance of IP and follows best practices for protecting it.

• Monitor Your IP:
  After obtaining IP protection, actively monitor and enforce your rights against potential infringements to maintain the value of your IP.

• Confidentiality:
  Any discussions between RSS staff and researchers will be considered confidential by the RSS and will not be disclosed to third parties without your consent. Funding scheme managers also understand confidentiality issues and welcome early contact from researchers to discuss any concerns when completing application forms. It is important to be clear about the conditions of the funding scheme to which you are applying. Funders will expect you to publish the results of the research they funded, whereas you may want or need to keep those results confidential. Commissioned calls may present particular challenges, so a discussion with the funding scheme prior to application may help clarify this.

Understand IP Types

Familiarise yourself with the different types of IP—patents, copyrights, trademarks, and trade secrets—as each serves a distinct purpose and offers different protections.

Patents:

Patents protect inventions, i.e., the technical aspects of products or processes. Registered rights must be applied for at the Patent Office, providing protection for up to 20 years from the filing date, not from when the invention is marketed. To be patentable, a product must be:

• • Novel (not in the public domain before the application date),
  • Include an innovative step (not an obvious solution to those skilled in the art),
  • Have industrial applicability.

Obtaining a patent can be costly, with increasing annual maintenance fees, and it is a slow process. Note that methods of treatment and computer software alone are not patentable.

Registered Trademarks:

A trademark is a word, group of words, sign, symbol, logo, or a combination that identifies and differentiates the source of goods or services of one entity from those of others.

You may see one of two symbols: ™ or ®. Registered rights require an application, with distinctiveness and non-descriptiveness being key requirements, along with no conflict with other marks.

A trademark lasts for 10 years from the registration date, with potentially unlimited 10-year renewal terms.

Registered Designs:

Registered Designs protect the appearance of a product, such as shape, texture, color, or surface designs. Registration is required, and unregistered design rights may also apply. The registration requirements include:

• • Novelty (not in the public domain before the application date),
  • Individual character.

A registered design lasts for 5 years and can be renewed every 5 years, up to a maximum of 25 years.

Copyright:

Copyright © protects artistic, literary, musical, and dramatic works, including computer software and instruction manuals. It is automatic and does not require registration; the work must be original. Recent literary works are protected for 70 years after the death of the author.

Know-how:

Know-how refers to knowledge that may not fall under more formal protections but has commercial value. This confidential information is often termed a “trade secret” and typically includes details on implementing an industrial process or a key technical step.

Ownership of IP

Legislation in the United Kingdom generally states that intellectual property created by you as an employee during your employment is owned by your employer. Ownership of IP does not change if the project is funded by the NIHR. However, any commercial use of NIHR-funded IP (e.g., direct sale, licensing for use in a product or service, use for marketing or regulatory applications) requires prior written consent from the NIHR and may be subject to conditions imposed by them (e.g., a requirement to share revenue).

Does Your Employer Have an IP Policy?

The NHS trust or university where you work should have an IP policy outlining the organisation's principles regarding intellectual property. This policy will address issues related to ownership, protection, and the use of materials and inventions created by employees.

Competition and Freedom to Operate

You cannot exploit the commercial value of your intellectual property without freedom to operate in your desired marketplace. A freedom-to-operate search is typically conducted to ensure that a new product or service will not infringe on third-party patents. Simply having filed a patent does not guarantee protection, as competitors may have prior patents covering the same area.

Freedom-to-operate searches have a finite time limit and should be conducted routinely to capture any newly disclosed third-party patent filings. Performing a freedom-to-operate search early in the product development cycle is crucial to ensuring your idea is sound and worth investing in, especially when considering substantial investments from funders. These searches should be a valuable component of any new product strategy.

Developing Your Idea

• Create an IP Strategy:
  Develop a formal IP strategy that aligns with your research goals. This strategy should outline how you plan to protect, manage, and monetise your IP.

• Explore Strategic Partnerships/Licensing:
  When developing your idea, you may want to leverage existing technology. This can be achieved through collaborative partnerships with third-party organizations or established companies, or by obtaining permission to use their IP. If so, you will need permission from the IP owner and agreement on the terms of use, which may take the form of a license. IP can be licensed in or out.

• Non-Disclosure Agreements:
  Collaborations with commercial or other partners may require non-disclosure or confidentiality agreements between the IP holder and the third party. This should also be discussed with funders to facilitate the process and ensure clarity about what is being agreed upon. All discussions will remain confidential.