Intellectual Property

What is Intellectual Property?

Intellectual Property (IP) is the creative and innovative ideas that are assets in the same way that physical property is a tangible asset. Intellectual Property Rights (IPR) are the rights obtained to use and protect the intellectual property.

Five types of intellectual property right exist to protect the different aspects of knowledge and ideas – patents, copyright, design rights, trade marks and know-how.

Examples of the five types of IP:

Category		Right		Examples
Inventions		Patents		New medical device, medicinal substance
Literary works		Copyright		Computer software, patient leaflet
Designs, drawings		Design rights		Medical illustration, medical device
Brand names		Trade marks		Trust logo, equipment logo
Trade secrets		Know-how, knowledge		Surgical technique

 

For example, in a defibrillator: ‘PHILIPS’ is a registered trade mark; the appearance of the device may be protected by using registered designs; the technology in the device may be protected by using patents.

These pages describe the different types of IP.

Why it is important to identify IP?

As IP is an asset, it is important that the organisation that owns it is aware of its existence. It is therefore a requirement of the Research Governance Framework for Health and Social Care that IP generated within health and social care organisations is identified.

Why is it important to protect IPR?

The development of new healthcare products involves a substantial investment (time, people, financial), with a lack of certainty that healthcare providers will adopt new technologies.

Potential investors need to minimise their risks associated with the development of such technologies by ensuring they have exclusive rights to the resulting product.

Unless the IP in a product is protected and available, companies and investors are unlikely to be interested in developing a technology. This means products that could offer healthcare benefits to patients and society may be lost.