The Research Governance Framework and its Controls Assurance Standard require that:
Agreements are in place between them and their staff, research funders, other care organisations, universities, industry and any other third parties, about ownership, exploitation and income from any intellectual property that may arise from research conducted by their employees.
Ownership (Innovation Policy)
The HSC Innovation Policy (available on the Library page) states that:
The ownership of IP, in most cases, will reside with the employing organisation of the person(s) who generated it. This applies to all IP produced by Health and Social Care (HSC) employees in the course of their normal duties.
IP generated as a result of activities that fall outside of the normal duties of the employee (and that are undertaken outside HSC time and facilities), will belong to the employee.
The only exception to this rule is where an employee is directed to perform other duties as part of their employment and generation of IP might reasonably be expected to result. This is in accordance with the Patents Act 1977 and the Copyright, Designs and Patents Act 1988.
This means that, in the majority of cases, IP arising from HSC employees belongs to the employing HSC organisation.
In more complex scenarios, for example where a funding body has defined intellectual property arrangements or where a number of institutions are collaborating, HSC Innovations can offer specific advice.
Revenue Sharing (Innovation Policy)
The HSC Innovation Policy (available on the Library page) states that where revenue is generated through the commercial development of innovations, this will be shared between the inventor(s), the inventor’s department and the HSC body.
The initial £1000 (gross) from any revenue generation will be distributed to the inventor(s) without deduction of any protection and exploitation costs. All further revenue sharing will be net of any protection and exploitation costs (e.g. patent costs). Revenue in excess of £1000 will be distributed as outlined in the table below.
|Cumulative Net Income
|£1000 to £10,000