Guidance

Case studies

Published 18 November 2025

Applies to England

These case studies accompany the intellectual property (IP) guidance for the NHS in England. Case studies are organised according to the relevant step in the guidance, providing practical examples to support implementation.

We are always looking to showcase good practice in IP management across the NHS. If you have a case study that demonstrates effective approaches or lessons learned, please share it with us at ip@dhsc.gov.uk. Your contributions will help strengthen this resource and support continuous improvement across the health system.

Step 1: establish IP governance and decision-making framework

Case study 1 - NHS IP senior responsible officer (SRO) personas

These personas are 2 examples of NHS organisations’ senior responsible officers (SROs) for IP, highlighting the main responsibilities, decision-making authority and the commercial and IP expertise essential for the role.

Persona 1: director of commercial

The director of commercial:

• is a member of the executive leadership team at an NHS foundation trust
• is the SRO for knowledge assets and commercial partnerships
• leads the NHS trust’s commercial portfolio, driving innovation, income generation and sustainable growth

Responsibilities related to IP and commercialisation include:

• overseeing integration of IP into clinical research, digital health initiatives and service redesign
• ensuring commercial and IP strategies align with organisational objectives and patient benefit
• developing and managing strategic partnerships with industry, academia and system partners to maximise value from innovation

Day-to-day involvement includes:

• working with clinical, operational, and research and development (R&D) teams to identify and triage early-stage IP opportunities
• supporting evaluation of IP potential in digital tools, AI models, and technologies designed to aid clinical decision-making processes
• participating in commercial discussions with industry and academic partners

Commercial and IP expertise includes:

• postgraduate training in commercial management
• extensive experience in NHS procurement, data governance and collaborative R&D agreements
• being skilled in identifying clinical value and commercial potential of frontline innovations

Persona 2: innovation manager

The innovation manager:

• is a member of the innovation team responsible for overseeing innovation at an NHS-led provider collaborative, which brings together trusts and community care services to provide integrated healthcare across the region
• is the SRO for IP policy, management and training. This is part of their wider innovation role and undertaken alongside their day-to-day responsibilities
• is responsible for commercialisation of IP, including through developing partnerships and collaborations across acute, primary care and community care settings

Responsibilities related to IP and commercialisation include:

• developing and maintaining IP policy at the NHS-led provider collaborative and its partners, including NHS trusts, GP practices and community hubs
• advising wider collaborative and partner organisations on arising IP issues
• ensuring staff across partner organisations have knowledge of IP policies and procedures

Day-to-day involvement includes:

• overseeing early-stage IP identification and triage with innovation teams and business managers
• supporting evaluation of IP potential in innovations across the collaborative
• enabling conversations with inventors about IP and commercialisation

Commercial and IP expertise includes:

• experience working in health innovation in organisations providing or commissioning NHS services, including community care
• expertise in IP management in relation to clinical research and innovation across multiple care settings
• experience in developing and maintaining IP disclosures and agreements
• experience in discussions and negotiations around IP and commercial models
• being skilled in conducting market research to understand innovation potential

Case study 2 - the innovation pathway

Example 1: trust innovation pathway

This innovation pathway describes a 5-stage process used by several trusts to guide the development and adoption of innovations. The 5 stages, in order, are:

• idea
• development
• validation
• adoption
• scaling

Each stage has clear decision points, with defined routes for moving into the next stage. Support mechanisms and actions at every step can help move innovations from concept to national scale. The end-to-end pathway helps staff (‘innovators’), teams and NHS trusts to:

• understand what support is available at each stage
• navigate decisions, funding and regulatory requirements
• accelerate adoption of high potential innovations across the health system

Stage 1: idea

The purpose of stage 1 is to generate and identify promising new ideas.

Activities and support include:

• demand signalling - capturing unmet needs (for example, from clinicians, patients and NHS staff)
• entrepreneurship training - building innovation and commercial skills
• initial tech transfer support - for example, applying for first patents
• applying standard IP and commercial frameworks across trusts

Decision point: does the idea have potential? Is the idea aligned with identified NHS needs and worthy of initial development?

If yes, proceed to the development stage.

If no, provide feedback, capture the idea in an innovation register for future review and/or redirect to training or demand signalling. Option to archive if the idea no longer meets current needs, with the possibility of re-entry if conditions change.

Stage 2: development

The purpose of stage 2 is to test feasibility and refine the idea.

Activities and support include:

• product and regulatory support
• access to NHS development environments and data sets to test concepts
• external funding guidance (for example, venture capital, grants or research funding)
• managing IP, royalties and equity on behalf of members

Decision point: does the idea have technical, clinical and commercial potential to justify validation?

If yes, proceed to validation stage.

If no, provide feedback to the staff member (‘innovator’) and choose one of the following options:

• refine and re-test (loop back within development)
• return to the idea stage for re-scoping
• record in the innovation register and archive if appropriate, with option for re-entry
• allow the staff member (‘innovator’) to take the idea forward, making clear that no further support from the trust will be provided

Stage 3: validation

The purpose of stage 3 is to prove the concept and gather evidence of effectiveness, safety and value.

Activities and support include:

• continued access to test environments, data and regulatory support
• evidence generation - for example, clinical trials, health economics and real-world data
• support for grant and funding applications

Decision point: does the evidence confirm that the innovation is safe, effective and viable for adoption?

If yes, proceed to the adoption stage.

If no, identify gaps, provide targeted feedback and choose one of the following options:

• return to the development stage for improvement
• record in the innovation register and archive until conditions change
• allow the staff member (‘innovator’) to take the idea forward, making clear that no further support from the organisation will be provided

Stage 4: adoption

The purpose of stage 4 is to prepare the innovation for uptake within the organisation and system.

Activities and support include:

• using patient, clinical and operational panels to identify innovations that support adoption and recommend them for procurement
• negotiating commercial agreements
• demonstrating outcomes through pilots, health economics and compliance with relevant regulations (for example, Medicines and Healthcare products Regulatory Agency (MHRA) medical device approval, data protection or clinical safety standards) in appropriate testing environments
• using designated pilot sites or environments within the health system that enable safe integration, workflow testing and staff training before full rollout
• accessing external expertise in areas such as health economics and regulatory compliance (for example, legal, data protection or procurement rules)

Decision point: is the innovation ready and approved for operational use and/or procurement?

If yes, proceed to the scaling stage.

If no, provide feedback and choose one of the following options:

• redirect to the validation stage for further evidence generation and testing
• redirect to the development stage for redesign
• record in the innovation register and archive with the option to revisit later if no further work is supported
• allow the staff member (‘innovator’) to take the idea forward, making clear that no further support from the organisation will be provided

Stage 5: scaling

The purpose of stage 5 is to support wider implementation across the NHS and wider health system.

Activities and support include:

• standardising commercial and contractual terms (for example, scaling discounts)
• confirming information governance, cyber security and regulatory compliance (for example, legal, safety, quality and procurement requirements) at scale
• arranging regional and national adoption campaigns

Decision point: can the innovation be sustainably scaled across the system?

If yes, implement nationally and explore international adoption.

If no, choose one of the following options:

• identify scaling barriers and return to the adoption or validation stage as appropriate
• if scaling, adoption and/or validation is no longer viable, record in the innovation register, provide feedback and archive, with option to revisit in the future
• allow the staff member (‘innovator’) to take the idea forward, making clear that no further support from the organisation will be provided

Example 2: health innovation network or integrated care board innovation pathway

The innovation pathway is central to one health innovation network (HIN) and has been rolled out across all organisations within its locality.

Important features of this pathway are:

• a well thought out structure and process to best support innovation into and out of health and social care
• a breakdown of the journey of an innovation across its entire life cycle, from ideation through to adoption
• bespoke support provided at each stage

IP is considered at all stages where appropriate, but in particular at the idea assessment stage, when market analysis and research is undertaken, before development has begun. This HIN and the integrated care board (ICB) are co-terminus and work in partnership on the innovation strategy. Accordingly, ICB decision-making steps have been integrated into the innovation pathway to ensure that innovations addressing regional unmet needs and challenges are prioritised.

This approach provides significant benefits and has helped to overcome some of the barriers to innovation adoption by using levers within the ICB - for example, the ability to influence direct commissioning cycles.

Example 3: commercialisation pathway for NHS innovations

The commercialisation pathway for NHS innovations is structured around 4 phases: capture, assess, develop and deal. This structured pathway ensures:

• clear IP capture
• support for both commercial and non-commercial routes
• ongoing monitoring post-commercialisation
• clear decision points throughout the process

The commercialisation pathway is illustrated in figure 1 below.

Figure 1: flowchart of a commercialisation pathway for NHS innovations

Description of image: the flowchart illustrates a commercialisation pathway for NHS innovations, moving from idea capture to commercial exploitation. The 4 phases illustrated in the flowchart are:

• capture - capturing and triaging ideas: an innovator brings an idea forward through commercial assessment (CA) or invention disclosure form (IDF), which triggers an initial appraisal and patent search. A project review meeting then tests whether the idea is worth taking further. If not, options include feeding back to the inventor to gather more information or handing back the innovation. If yes, it proceeds to the next stage
• assess - understanding feasibility and the NHS position: a market feasibility study is carried out to understand demand, viability and options. A further review meeting then determines whether the idea should move forward as a commercial opportunity, or be treated as non-commercial IP to be taken forward by another NHS agency or monitored
• develop - protecting and preparing to commercialise: for ideas progressing commercially, protection is put in place (for example, IP) and proof-of-concept funds may be secured. Commercial partners are identified and another review meeting ensures readiness before entering deal-making
• deal - executing the route to market and maintaining oversight: once approved, the NHS proceeds with commercial exploitation (for example, licensing, joint venture or spinout). Ongoing monitoring is built into the process to ensure delivery, assurance and value realisation

Case study 3 - IP governance and decision-making

Example: clear IP governance and decision-making process

Several NHS trusts use a structured process as outlined below for IP governance and decision making:

1. Idea generation - employee conceives a new idea.
2. Initial check - employee performs a preliminary search to ensure the idea is novel and avoid premature disclosure.
3. Contact innovation team - employee contacts the innovation team or other relevant team (sometimes the research and innovation team) to discuss the idea and begin the IP process.
4. Viability assessment - the innovation team assesses the idea’s feasibility and potential, escalating to leadership if viable. Following the viability assessment, the following stages should take 3 months to complete.
5. IP advice and protection - specialist teams advise on IP protection (for example, patents) and start registration where appropriate.
6. IP agreement and support - formal IP agreements are created and ongoing support is provided to the inventor.
7. Commercial development - options such as licensing or spinouts are explored to bring the innovation to market.
8. Return of rewards - benefits such as reputation and remuneration are returned to the inventor and trust.

In establishing a clear IP governance process, from idea generation to commercialisation, defining clear roles, decision points and sign-off routes, the organisation providing or commissioning NHS services ensures timely, accountable IP management. This enables innovations to develop efficiently and strategically.

Step 2: clarify IP ownership

There are no case studies associated with this step.

Step 3: raise awareness and provide IP training

Case study 4 - communicating IP policies and processes

Example: easily accessible IP and innovation processes

This case study highlights how a large NHS trust has taken a proactive, inclusive approach to communicating its IP policy, ensuring all staff can engage with innovation processes.

To ensure that all staff can easily engage with IP processes, the following resources and systems are in place:

• the IP policy is hosted on the staff intranet alongside a digital IP disclosure form
• this encourages early and accurate reporting of innovations
• the IP SRO uses this data to monitor activity and identify support needs

To promote equitable participation across the workforce, the trust carried out an equality impact assessment. This led to the introduction of paper-based disclosure forms alongside digital versions, ensuring staff without regular computer access can still participate in the IP process.

To promote continuous improvement and staff engagement in IP management the trust:

• tracks the number and quality of disclosures
• uses feedback from training sessions to refine communication and improve understanding

Outcomes of the approach include that it:

• improves early IP identification across all staff groups
• ensues equitable access to innovation processes
• supports a culture of innovation and continuous improvement
• helps to protect ideas that could lead to patient benefit

By embedding IP processes into daily workflows and aligning communication with staff needs, the trust is building a more innovation-ready workforce.

Case study 5 - IP training

Example 1: structured, role-specific training

This case study highlights how an urban foundation trust providing NHS services has improved IP awareness and capability through a structured, role-specific training approach.

By tailoring content to different staff groups, the trust ensures that learning is relevant, practical and supports innovation that benefits patients.

Important features of the approach are as follows:

• business managers receive bespoke training on the trust’s IP policy - sessions include informal discussion to explore real-world application, which supports consistent understanding and encourages innovation within teams
• clinical academic staff receive targeted training on foreground IP (IP created during the project) compared with background IP (pre-existing IP brought into the project) - this builds confidence in identifying and protecting IP from research and clinical work
• an all-staff approach is tested - digital learning hosted on an Electronic Staff Record (ESR) training module is under evaluation that, once approved, will offer scalable, accessible IP training across the trust
• specialist training - with support from the local HIN, the trust commissioned the Intellectual Property Office to run a 2-day in-person course. Attendees included innovation leads, research managers, technology transfer staff and commercial, procurement and contract management staff

This approach:

• improves staff confidence and consistency in handling IP
• supports safe, effective innovation and commercialisation
• enables faster translation of ideas into patient benefit

This blended learning model helps embed a culture of innovation and ensures staff at all levels can engage meaningfully with IP in their roles.

Example 2: IP training as a core part of an innovation training programme

A group of non-foundation and foundation trusts across Yorkshire and the Humber have partnered with training providers to offer a structured innovation training programme for staff. A core module of the programme focuses on IP, helping staff understand how to protect and manage ideas that could improve care.

This training programme:

• is open to all staff across participating trusts
• supports those interested in innovation, entrepreneurship or adopting new technologies
• helps staff with service improvement ideas understand where to begin

The programme offers:

• an introduction to important innovation concepts, including how to develop, protect and commercialise ideas
• peer support from a regional community of healthcare innovators
• access to expert trainers and ongoing support from business development and innovation teams

The IP module covers:

• what IP is and why it matters in the NHS
• IP ownership and NHS policy
• different types of IP protection and when to use them
• practical steps to protect IP in day-to-day work

Outcomes of the programme include that it:

• builds staff confidence to take ideas forward
• ensures valuable innovations are protected and used effectively
• supports faster, safer adoption of new ideas that benefit patients

By embedding IP into core innovation training, this programme helps to create a more confident, capable NHS workforce ready to turn ideas into outcomes.

Step 4: IP disclosure, collaborations and record keeping

Case study 6 - IP disclosure, decision-making and tracking systems

Example: providing clear and timely feedback to IP disclosures

One regional NHS foundation trust uses the following step-by-step process to track IP disclosure and decision-making:

1. Idea is disclosed - a staff member discloses an idea that may have IP involved or commercial potential using the staff disclosure form. This is the first step in identifying possible IP.

2. Business manager review - all IP disclosures are discussed. A meeting is held with business managers to assess the idea. This early triage ensures the right expertise is involved from the start. Important questions include:

• does this idea have IP potential?
• who should support its development (for example research, innovation or commercial teams)?

3. Accurate record keeping - this means that the idea is recorded in a central database. While not yet integrated into a formal IP management system, this log helps track:

• what was submitted
• when it was submitted
• what decisions were made
• who is responsible for next steps

Clear documentation is essential from the outset. The organisation has developed a simple, visible process that staff can follow to submit ideas confidently.

4. IP lead review - the IP lead reviews each submission to determine the appropriate innovation pathway for the idea. Research-related ideas go to the Joint Research Office and innovation-focused ideas are handled by the innovation manager. This this ensures ideas are assessed by the right people with the right expertise.

5. Due diligence - initial market research is carried out by the innovation manager to assess whether the idea is novel, protectable and commercially viable, with external advice sought if required.

6. Prompt decision-making and feedback - once due diligence research is completed, the innovation manager decides whether to protect and manage the IP. Any IP that is not protected and managed by the organisation is assigned back to the staff member and/or innovator. All IP disclosures are discussed in a one-to-one meeting with the staff member who has completed the disclosure, to ensure clear communication and feedback.

An emphasis on early disclosure, a structured review process and strong record keeping means that this trust significantly improves the chances of protecting IP and supporting timely commercialisation where relevant.

Case study 7 - IP awareness in contracts and early identification

Example 1: a practical checklist to support early identification of IP

This case study highlights how an NHS community trust has embedded IP awareness into its wider commercial and innovation partnership processes.

To support early identification of IP and improve governance, the trust developed a partnership checklist. This tool helps teams assess and document important considerations when forming formal or informal collaborations.

Important features of the checklist were developed with input from executives and non-executive directors.

The checklist covers areas such as:

• clinical involvement
• commercial opportunity
• strategic alignment
• governance and legal risks
• IP ownership and management
• cost-benefit analysis
• workforce and estates benefits
• sustainability and subsidy control

The checklist also provides guidance on capturing these considerations in business cases, non-disclosure agreements and data-sharing agreements.

How it works

The checklist:

• is administered by the innovation team, with input from all project stakeholders
• is applied in stages, with sign-off at each point to ensure clear decision-making
• ensures early, informed discussions about IP with external partners

Outcomes

Outcomes of the checklist include that it:

• improves early identification of IP opportunities and risks
• supports better-informed, legally sound partnerships
• enhances patient benefit by accelerating safe and sustainable innovation adoption

This approach demonstrates how IP considerations can be ‘hard wired’ into partnership planning, ensuring NHS organisations protect and maximise the value of innovation from the outset.

Example 2: embedding early identification and notification in organisational policies and procedures

This case study highlights how a research intensive NHS trust has embedded early IP identification and notification into its core research policies and procedures.

The trust uses 2 important documents to ensure IP is considered before contracts are signed:

• the trust’s IP policy
• management of the research contracts’ standard operating procedure (SOP), which applies to:
  • the R&D department
  • the clinical trials unit
  • departments of other NHS organisations involved in research
  • investigators conducting or participating in studies sponsored by NHS or other organisations

How it works

Staff are directed to the R&D manager or the trust’s partner health technology consultancy (HTC) for IP queries.

An HTC IP notification form is completed to trigger early review.

The HTC works closely with:

• the R&D legal team
• an in-house IP and commercialisation expert

This ensures early identification of IP risks and opportunities.

Grant applications

All grant applications involving incoming funding must be reviewed and signed off by the R&D manager. This ensures the R&D team is aware of any potential IP issues, even if not identified earlier.

Contract management

The R&D governance team supports researchers in setting up funded studies. All research-related contracts must be reviewed and approved by R&D before signing, as required by the SOP.

Outcomes

Outcomes of early IP identification and notification include that it:

• ensures early, expert review of IP in research projects
• prevents delays and legal risks by embedding IP checks upfront
• supports smoother, safer research provision that benefits patients through faster access to innovation

This approach shows how clear policies and procedures can hard-wire IP awareness into NHS research governance.

Step 5: IP initial evaluation and feedback

Case study 8 - IP triage and evaluation frameworks

Example 1: initial evaluation framework

An urban NHS trust has developed a clear, staged framework to evaluate new ideas and IP disclosures from staff and collaborators. This makes sure that only viable innovations develop, while guiding resource and risk management.

The framework includes:

• initial disclosure, capturing the details about the idea
• a feasibility assessment, including early market research to assess need, competition and IP implications
• market validation, which involves deeper market analysis to confirm potential
• development of the idea, which looks at sourcing funding, identifying partners and managing the project

Each stage includes a ‘go’ or ‘no go’ decision. Inventors receive a report after the feasibility stage and further support is provided as the idea progresses. Throughout the process, searches are done to check if similar ideas or inventions already exist to assess protection options.

This structured approach ensures that promising ideas are identified early, developed with the right support and commercialised through the most appropriate route, maximising benefit and value for the organisation.

Example 2: collaborative IP evaluation model to accelerate innovation decision-making

An urban trust works closely with its university’s technology transfer capability (TTC) and a health technology consultancy to evaluate and commercialise IP. This partnership, through the senior Biomedical Research Centre (BRC) IP manager, supports the organisation’s National Institute for Health and Care Research (NIHR) BRC and wider innovation activity.

Inventors can disclose IP to the trust, the university’s TTC or the health technology consultancy. The receiver of the disclosure conducts an initial evaluation to assess the idea’s potential, including ownership, patentability and relevance. This may involve a prior art search (the process of identifying any existing information that might relate to an invention or idea) and patent review.

Important evaluation criteria include:

• the legal strength of the IP (for example, novelty of the idea and potential for exclusivity)
• the commercial potential (for example, the cost of protection and market value)
• the maturity of the idea (more developed IP is easier to assess)

The evaluator also considers:

• what problem the idea solves
• who might benefit commercially
• how the inventor wants to proceed

The trust’s R&D head of legal is involved where needed. Inventors receive feedback and suggestions for next steps from the receiver of the disclosure, which may include:

• funding opportunities
• patent filing
• commercialisation planning
• partner engagement

This collaborative model, seeking early advice and expertise from partners, increases capacity and speeds up decision-making, helping the trust’s innovations to make progress efficiently and effectively.

Case study 9 - jointly developed IP through university or academic partner collaboration

Example 1: successful partnership with university and sub-licencing model

A regional NHS foundation trust took part in a UK research project, led by a university and another NHS organisation, to develop a new biomarker test for cancer. The project was initially funded by a major cancer research charity. The resulting IP was assigned to the charity’s technology transfer arm through a patent. The NHS trust secured a research licence to scale up and validate the test, using public innovation funding and working with genomic labs across the UK. The licence agreement required the ability to sublicence to other partners through collaboration agreements.

Following successful validation, the NHS trust negotiated a worldwide exclusive licence to commercialise the test within the NHS and internationally. As part of the agreement, the trust will receive a share of revenue from future sales of the test.

To enable effective collaboration between a university partner, the trust has a memorandum of understanding in place, which denotes a 50-50 revenue share, split between the university and the NHS organisation. This case study shows how NHS organisations can lead complex licensing negotiations and work with a range of partners to bring new healthcare innovations to patients.

Example 2: IP management, collaboration and revenue sharing agreement with partner research institute

One regional NHS trust and an NIHR BRC manages IP under a shared IP policy. This policy overrides individual organisational policies for all work funded by their research funder. The policy covers various types of IP, including research data and software.

Under the policy, foreground IP is owned by the trust unless a joint decision is made at an ‘opportunities meeting’. Staff must report any IP with commercial potential to their employer’s IP lead. The funder oversees this process by requiring consent for commercial licensing and receiving reports on IP with commercial potential, ensuring outcomes benefit patients and the public.

Financial returns are shared after deducting direct IP costs such as legal and patent fees, the funder’s share and any co-owners’ entitlements. Each partner then applies its own internal revenue-sharing policy to the remaining income.

This IP policy ensures clear ownership, fair revenue distribution and consistent governance. It supports innovation while aligning commercial outcomes with each party’s contribution.

Example 3: 50-50 revenue sharing agreement with university partner

Two urban NHS trusts, each with NIHR BRCs, have signed identical commercialisation agreements with their university partner and its technology transfer company.

The agreements will:

• make it easier to commercialise joint research and innovation
• allow new technologies and treatments to reach patients faster
• ensure that any commercial income is shared fairly between the trusts and the university

The agreement includes a broad definition of projects in scope. Where there have been relevant contributions to projects that have commercial returns, proceeds from commercial returns will be shared 50-50 between the university and respective NHS trust, after deducting payments to inventors, other agreed distributions and the direct costs of commercialisation.

By removing the need for separate negotiations for each project, the agreement will:

• reduce delays in the commercialisation process
• speed up investment of revenues
• attract more investors through increased efficiencies

Revenue generated will be ringfenced to support further research and innovation in health and care, in line with NIHR policy.

This agreement lays the foundation for closer collaboration between the partners, supporting the development of new technologies that benefit both patients and the wider economy.

Step 6: understanding IP rights and protection strategies

Case study 10 - IP protection compared with open source-open licensing for wider benefit

One NHS foundation trust regularly develops and licenses educational and knowledge-based resources, such as training videos and toolkits. An example includes an educational video shared with an international charity.

The foundation trust uses a value-based, case-by-case approach to decide whether to protect or openly share IP. They use the following assessment criteria to guide decision-making:

• will open sharing increase reach and benefit?
• do we have the resources to protect and manage the IP?
• is there a clear commercial or strategic benefit to IP protection?

If protection isn’t viable or necessary, they opt for open licensing. In the above example, a Creative Commons (CC) licence was created to allow free use while retaining attribution and usage rights. The CC-licensed video was successfully shared internationally, extending its reach.

Not all IP needs protection. Structured, early conversations help clarify the best route. Open sharing can be a useful tool for public benefit when a commercialisation approach is not a preferred option.

Case study 11 - using expert legal advice to shape IP protection strategy

Example: supporting in-house expertise with external patent lawyers

One foundation trust uses external patent lawyers for expert advice on the patentability of ideas and to handle the preparation, submission and renewal of patent applications.

They appoint external lawyers to advise on IP queries that are complex and require specialist input.

Their patent law firms offer a ‘IP surgery’ every 2 months, when a lawyer will visit the trust to answer staff questions about their ideas or inventions. This IP surgery aims to help inventors refine and structure their ideas with patentability considerations in mind.

The organisation has also developed in-house IP expertise, managing the following areas internally:

• IP project structuring and governance
• IP project contracting and negotiation
• IP project record keeping and follow-up

This internal capability makes sure that:

• only viable inventions are submitted for patenting, avoiding unnecessary costs
• commercialisation is supported by comprehensive contractual structures that are compliant with applicable laws, regulations and internal policies and processes
• developing in-house expertise alongside using external legal advice fills knowledge gaps and maintains a comprehensive IP strategy

Step 7: IP development and commercialisation

Case study 12 - IP agreement involving NHS data

Example 1: a scorecard to assess the value of data shared in commercial partnerships

An NHS foundation trust has developed a structured way to assess the value of data it shares in commercial partnerships.

Most of the trust’s data sharing is for non-commercial research. In these cases, it includes clear terms: if the data or any findings from it are later used for commercial purposes, the trust must give permission and agree a new contract. This contract would ensure the trust receives a fair share of the resulting commercial value.

When entering data sharing arrangements for commercial purposes, the trust uses a scorecard to help decide the value of the data set. It considers:

• how common the data is
• how much of it exists
• its quality and depth

Below is an example of this data valuation process. The data requested is common, with high volumes of such data generated each year and of good quality and depth (value score = 85 out of a maximum 100).

Table 1 - example scorecard with score of 85 out of 100

Guideline	Weighting	Assessment criteria	Score	Adjusted weighting
Availability of data	5%	- Relevant directorate - Patient numbers per year for that condition - Available quantity - Requested quantity (High = full availability Medium = less than 80% availability Low = less than 50% availability)	High	5
Volume of data	5%	High volume of data indicates low rarity (High = low volume Medium = average volume Low = high volume)	Low	0
Data quality and depth	15%	- Data fields - Longitudinal data - Diversity of the patient population	High	15
Rarity or uniqueness	10%	- Prevalence of the disease or condition in the UK or globally - Can include rarity within a common disease (subset of a cohort) - Rare disease (EU definition: less than 1 in 2,000, 0.05%) (High = less than 0.05% for rare disease or less than 5% within common disease cohort Medium = less than 1% of population for rare disease or less than 10% within a common disease cohort Low = more than 5% for rare disease or more than 10% for common disease cohort)	Low	0
Data value chain (non-ownership)	10%	- Raw data - Processed data - Organisation and/or administrative data (High = raw data and highly developed processed data Medium = mix of raw data and a basic level of processed data Low = only raw data or organisational data involved)	High	10
Data value chain (ownership and arising IP)	10%	Processed data (High = some processed data within arising IP applies Low = no arising IP ownership)	High	10
Purpose and/or application of the data	45%	Commercial or non-commercial use (High = main purpose is commercial in nature, with some social value Medium = a mix of commercial use with material social value Low = no commercial purpose for data	High	45

Total score: 85 out of 100.

The scorecard gives a standardised and logical way to measure the additional value of the data, beyond the production costs of the data, such as extraction and/or curation. This extra value can be reflected in different ways, such as:

• a data fee (on top of costs)
• a royalty on future revenues
• a proxy towards an equity value

It is important that the assessment criteria are constantly monitored to ensure they remain valid, current and effective.

This approach helps ensure the trust is securing fair value from its data, in line with national guidelines on realising value from NHS datasets.

Example 2: data sharing partnership with a software company

To address the challenge of missed or cancelled outpatient appointments, a regional NHS foundation trust partnered with a software company to develop an artificial intelligence (AI) system combining predictive scheduling with behavioural nudging. The goal was to reduce missed appointments, improve patient access and make better use of existing NHS capacity.

The AI system was trained using anonymised NHS data including appointment schedules, past attendance patterns, clinic codes and patient behaviour indicators. No sensitive clinical information was used, following ethical AI principles. The NHS foundation trust acted as clinical lead and data provider, while the company built the AI tools with support from digital communications and consulting partners.

The project followed comprehensive NHS governance processes with joint programme boards overseeing progress. Data sharing was governed by a formal processing agreement, with the NHS foundation trust as data controller and the company as the data processor. Local ethical approval was secured and the system met NHS technology code requirements.

Under a fair commercial model, the company retained AI tool ownership but shared all learning with NHS England and ICBs. NHS data was never monetised - value was returned through patient benefits.

In 6 months, missed appointments fell by 23% beyond standard text reminders, enabling 1,910 additional patient attendances and releasing £1.3 million of clinical capacity. Among the most deprived patients, missed appointments dropped by 30%, improving health equity.

The company received a 3-year contract with 10% of first-year revenue returning to the NHS foundation trust when used as a reference site, ensuring fair NHS value.

Case study 13 - fair NHS commercial returns - licensing and spinout models

Example 1: fair returns for co-developed software through royalties

One HIN commissioned a technology company to develop an operational management software. The organisation acted as both a development and testing partner.

The technology company owned the IP and could resell the software in the UK and internationally. However, the software could not have been developed without the organisation’s direct involvement. Its clinical and operational staff shaped the software’s design and functionality through ongoing feedback.

Initially, the organisation was fully funding the software’s development. It had no recognition of its contribution to creating the software or claim to the foreground IP. There was also no incentive for staff to ensure the product would meet the needs of other NHS users or broader markets.

To correct this imbalance, the parties renegotiated the contract. The new agreement allowed the technology company to continue owning the foreground IP and to sell the software to other customers. In return, the organisation secured:

• a significantly reduced development cost - paying only a proportion of the original funding, on the basis that the company could now resell the software elsewhere
• a royalty arrangement, giving the organisation a share of revenue from future sales across the NHS and in other markets

This approach ensured the organisation’s input - including funding, staff expertise and real-world testing - was properly recognised and rewarded. While the technology company retained IP ownership, the organisation paid a proportionate share of the development costs and secured a share of future returns. This helped align incentives, supported staff engagement and contributed to the creation of a high-quality, scalable product.

Example 2: various fair revenue sharing models in collaborating with a digital health company to commercialise NHS IP

A digital health company has partnered with several NHS organisations to commercialise their IP. By spinning out innovations or allowing the company to commercialise them, these organisations have brought their solutions to market faster and with greater financial sustainability.

Model 1: spinout with shared equity

The company worked with an NHS trust to co-develop a digital health product. A new spinout company was set up under a collaborative agreement, with shareholdings held by the trust, the digital health company and the clinical inventor. All foreground IP was transferred to the spinout, enabling external investment and acquisition opportunities. The board includes all parties to ensure balanced and efficient decision-making.

Model 2: licencing, with IP retained in NHS

In another case, the company developed a product for an NHS trust, but the trust retained IP ownership. The company licenses the product back from the trust and the trust receives a fixed return per licence sold. While this model allows the trust to retain IP, it can limit external investment potential. 

Model 3: revenue share based on contribution to development costs

In another case, the company partnered with a community care provider to co-develop a digital health product. The company contributed a portion of the development cost and receives a multiple of that investment back through a revenue share agreement.

Across these 3 models, NHS involvement ranges from passive governance to active input. The company typically leads on product development and technical delivery. Clear upfront agreements, including equity splits, termination clauses and revenue mechanisms, are essential to avoid future disputes and ensure fair value distribution. 

Example 3: securing a mix of returns without NHS IP ownership

A regional NHS foundation trust partnered with a small or medium-sized enterprise (SME) to develop an AI-based clinical tool. The trust is supporting with access to data, research infrastructure and, in future, a test-bed environment.

The trust and the SME have agreed that the SME will retain all IP rights for the project. However, the trust benefits from the product’s success through several arrangements, such as:

• an equity stake in the SME, including some profit-sharing
• royalties from future product sales
• guaranteed ongoing use of the product by the trust at a discounted price
• charges for services provided by the trust, which include NHS staff time paid according to Agenda for Change pay bands and NIHR guidance for trials led by investigators
• market-rate fees for access to data, with milestone payments built in

By agreeing to this mix of returns instead of negotiating IP ownership, the organisation has enabled faster commercialisation while still retaining value if the product succeeds.

Example 4: revenue share agreement with charity funder

Eye conditions like macular degeneration and amblyopia (lazy eye) need regular monitoring to prevent permanent vision loss. In one NHS eye clinic, over 2,000 patients are seen each month. Due to COVID-19, more than 80% of consultations moved to telephone, limiting clinical information for decision-making. Even when routine clinics resumed, long delays were expected, risking preventable vision loss for some patients.

An employee of the clinic developed a web-based vision-testing app for patients to test their vision at home. The app gained CE (Class 1) marking. The NHS foundation trust of the clinic supported formal validation and sponsored a clinical investigation, funded by a charity.

A revenue share agreement was made between the trust and the charity. The trust owns the IP, while the charity receives a share of any revenues from commercial use of the app.

Decisions about commercialisation are led by the inventor and the trust’s R&D legal team.

This innovation has helped maintain eye care during the pandemic and could improve patient access to vision monitoring in the future.

Example 5: licensing IP to industry supplier with royalties shared between NHS collaborators

After heart surgery, patients can face serious wound complications and pain due to the strain on the chest. While chest support can help, existing products were not meeting patient needs effectively.

To address this, one NHS foundation trust worked with patients and experts from 2 other NHS trusts to co-design an improved chest support vest for people recovering from heart surgery. The new vest helps protect wounds, supports healing, reduces pain and offers more comfort than similar products. It can be adjusted by the patient for a better fit.

The lead NHS trust filed a patent application for the underlying IP and registered design rights for the vest. Patent applications are ongoing in both Europe and the USA - 2 important markets for the product.

To make the vest available to patients, the organisation licensed the rights to a trusted industry supplier with an existing supply chain. Licensing was chosen because the product complements the supplier’s current work.

Since 2021, the supplier has been making and marketing the vest worldwide. The lead NHS trust receives a royalty from each sale - these royalties are shared with the partner organisations, staff inventors and their departments in line with the lead trust’s IP policy.

This case study shows how collaborating across the NHS and using IP licensing in a strategic way can lead to better products for patients, while also generating fair commercial returns for the NHS.

Example 6: speech and language therapy platform spinout though a joint venture with revenue share

An employee at an NHS foundation trust (who was also an NHS clinical entrepreneur and NHS innovation accelerator fellow) had the initial idea of creating a speech and language therapy (SaLT) toolkit on a digital platform after starting on NHS England’s clinical entrepreneur programme and meeting a technology company chief executive officer (CEO). Funding for the initial development was successfully obtained through an NIHR grant enabling the employee (‘innovator’) to transform their vision into reality.

After securing funding, the innovator collaborated with the trust’s research and innovation department and the SaLT team to develop the platform. The trust played an important role in developing the platform, managing grant funding and providing essential support functions such as HR, recruitment, finance, IT, management and governance. The NHS SaLT team contributed clinical expertise and video content.

For its first 3 years, the platform operated under the NHS trust, highlighting both opportunities and challenges. Following advice from innovation accelerators, legal experts and health innovation partners, the decision was made to spin out in the form of a joint venture. Discussions are underway regarding the revenue-sharing structure, which is expected to involve the trust, founding employee and the technology development company.

This marks the trust’s first step into commercialisation of an innovation. To accelerate the platform’s growth, it will be important to secure clear, consistent support for all stakeholders and to develop funding mechanisms that remove financial barriers and attract further investment.

Since the platform’s launch, it has been adopted across local authorities, ICBs, NHS trusts and education settings. It has delivered major cost savings, increased efficiencies and generated around £1.5 million in revenue.

Step 8: IP asset management and tracking returns

Case study 14 - managing and reinvesting NHS IP returns for future innovation

Example: NHS-managed IP fund

One NHS foundation trust has set up an IP fund, managed by their commercial legal services team. The fund makes sure that income received from IP licensing or assignment, spinout shares or data partnerships can be reinvested to support:

• patent attorney advice and patent applications
• IP lawyers’ advice for large complex IP transactions and spinouts
• contracting with third parties, such as a university, for development of prototypes
• contracting with third parties for tech transfer support

The main aims of the IP fund are to:

• provide an IP commercialisation function with minimal financial burden to the NHS trust
• encourage uptake and scaling up of innovation across the NHS
• further the strategic goal of building innovation and enhancing outcomes and efficiencies

The NHS trust has developed a sustainable innovation programme by reinvesting commercial returns from IP into future innovation.

Step 9: access to IP expertise and technology transfer capabilities (TTCs)

Case study 15 - in-house TTC models

Example 1: using a mix of in-house and university TTCs

An urban NHS trust has developed a blended model for managing and commercialising intellectual property, combining in-house expertise with external partnerships.

Through its NIHR BRC, the NHS trust works closely with its university’s TTC under a formal framework agreement. This sets out how joint research and resulting IP are managed. To support IP developed outside the BRC, they also partner with a health technology consultancy.

The senior BRC IP manager has a central role, overseeing IP across the organisation and co-ordinating with both external partners. This role is funded through the BRC and reports to the head of legal in the R&D team.

Their responsibilities include:

• encouraging and managing new IP disclosures
• assessing commercial potential and market fit
• supporting funding applications and identifying background IP
• contributing to NIHR’s annual technology transfer report

The NHS trust is also developing tools to help clinicians and researchers navigate available support and plans to expand outreach sessions delivered by the consultancy.

This model ensures IP is identified early, managed effectively and supported by the right expertise, helping the organisation to develop ideas through to commercialisation.

Case study 16 - support with IP expertise from regional or innovation hubs

Example 1: support from innovation hubs

Innovation hubs across the UK offer organisations delivering and commissioning NHS services access to expert support on IP and technology transfer. These hubs operate on a membership basis and provide tailored services to help NHS teams develop and commercialise new ideas.

Support typically includes:

• assessing ideas and clarifying IP ownership
• providing market insights to shape business cases
• advising on IP protection and commercialisation routes
• identifying funding and collaboration opportunities
• supporting licensing or spinout strategies

One trust partnered with an innovation hub to address a clinical need - improving bedside detection of feeding tube placement. The hub helped identify technology partners and supported the development of a novel medical device. It developed confidentiality and collaboration agreements to manage IP ownership during a proof of concept study.

Following the study’s success, the hub supported the trust and its partners to secure a £1 million Medical Research Council grant. This included formalising IP rights and developing a commercialisation strategy.

By working with the innovation hub, the trust accessed specialist expertise and resources not available in-house, accelerating development and providing patient benefit.

Example 2: a local innovation forum

A group of organisations delivering NHS services are members of a regional innovation forum that brings together innovation leads to share ideas, and to work with and support each other’s innovation efforts.

The forum meets every 2 months, with hosting duties rotating between members. Hosts often partner with local organisations, helping members expand their networks and build regional connections.

The forum provides:

• a space for peer support and knowledge exchange
• opportunities for upskilling and learning
• updates on funding and innovation opportunities

The forum is currently being expanded to include primary care and the ICB, as well as place and neighbourhood-based initiatives.

By developing collaboration and trust, the forum helps teams improve their innovation capacity, improve IP management and accelerate the development of ideas that can benefit patients and the wider health system.

Example 3: accessing regional legal expertise

A regional ICB has worked closely with their local HIN to develop their IP policy. The HIN is the formal delivery partner for innovation for the ICB and the chief executive officer (CEO) is the strategic adviser for innovation for the ICB.

The development of the ICB IP policy was a direct result of increased awareness of IP within the ICB, which was led by the HIN. The policy is an outcome of the more general aim of shaping IP protection strategy, for the benefit of patient care.

The HIN’s IP lead had spent several years working in the patent profession and technology transfer field, managing IP portfolios of NHS trusts and SMEs in the region, and therefore had relevant experience and expertise.

One aspect of the IP lead’s role is to provide IP support to the HIN’s member organisations, which includes regional NHS trusts, universities and the ICB. This involves the delivery of IP workshops aiming to:

• educate on the various types of IP and the importance of good IP management
• raise awareness of IP and innovation generally, which in turn helps to stimulate the generation of ideas that can benefit patients
• reduce inappropriate disclosures to third parties, which can otherwise have a detrimental effect on benefits afforded

This way of working together provides an example that other ICBs may also learn from to develop their own IP approaches.

Case study 17 - using university TTC

Example 1: using a university’s TTC

To support innovation and build an entrepreneurial culture, an NHS organisation has established a long-term partnership with a university’s TTC. This partnership is underpinned by a formal IP policy and protocol, ensuring that innovations are identified, protected and commercialised effectively.

The organisation commissions the TTC to manage IP, as it lacks the internal capacity to do so independently. The TTC handles IP developed solely or jointly with the organisation, seeking protection and commercial opportunities where appropriate. IP is assigned to the TTC under a service-level agreement, ensuring the NHS benefits from any commercial returns even when IP resides with the academic partner.

This relationship has delivered:

• a strong innovation pipeline
• increased visibility of innovation activity
• a rise in invention disclosures since the IP policy was introduced

The TTC also provides commercial advice when needed, saving consultancy costs. Internal marketing and collaboration with the organisation’s charity have further boosted staff engagement.

The partnership is managed by the head of commercial and innovation, and supports the organisation’s wider ambition to grow through innovation and reward staff involvement.

Example 2: revenue sharing agreement with university TTC

One NHS foundation trust works with a university’s TTC, drawing on its research and expertise to manage its IP effectively. Their partnership is governed by a framework intellectual property agreement (FIPA). This agreement names the university TTC as the main body responsible for exploiting IP created at the NHS trust.

Under the FIPA, research teams identify new IP and record it using standard forms. The university TTC carries out due diligence to confirm IP ownership and check for any third-party rights. The trust’s IP lead oversees this process and reviews the TTC’s exploitation plans to make sure they fit the NHS trust’s interests. This approach centralises commercialisation expertise while keeping trust oversight.

Under the FIPA, in most circumstances 50% of the income from IP goes to the NHS trust for research reinvestment and 50% goes to the inventors. The FIPA also accounts for overheads, allowing for up to a certain percentage of gross receipts for the TTC or the trust to cover operational costs.

This model ensures:

• a fair return to the NHS
• direct reinvestment into patient-benefiting research
• proportional revenue sharing with distribution based on each party’s financial, inventive and technical contributions
• they maximise overall commercial value of IP through the university’s TTC expertise, benefiting all partners

Example 3: revenue sharing agreement with 2 advisory TTC advisers

One urban NHS trust works with 2 advisory organisations to manage the trust’s IP. TTC adviser 1, which is a TTC of the trust’s partner university, supports IP where employees of the university partner have been involved. TTC adviser 2 manages all other IP generated by the NHS trust’s staff.

A senior IP manager within the trust oversees IP from identification through to commercialisation. All collaborative research is supported by written agreements that clearly set out IP ownership from the start. This structure allows the trust to access expert support while maintaining strong governance.

Once commercial income is received, direct costs like patent fees are deducted. The advisory organisation then receives a 20% commission on the remaining income. The remaining 80% is typically split in 3 equal parts:

• one-third goes to the inventor or inventors
• one-third goes to the inventor’s department
• one-third goes to the NHS trust

The fixed 20% commission ensures a clear and predictable fee for advisory services. The standard 3-way revenue split provides fair and consistent returns across all parties. For the trust, this helps fund research, legal costs and operational overheads.

This model supports innovation by rewarding inventors and ensuring the NHS benefits from IP created with public funding.

Example 4: tiered fee structure for university TTC

One NHS foundation trust partnered with a university and its TTC, which leads on commercialisation of IP developed within the trust.

The NHS trust’s staff must report potentially valuable IP to legal services, keep detailed records and declare any conflicts of interest. All IP must be disclosed alongside an assigned confidentiality agreement and all IP agreements must follow the approval process. These steps help protect and manage IP effectively.

The model uses a tiered revenue-sharing system based on net cumulative income. When the university TTC leads, a ‘commercialisation fee’ is applied - 10% for income up to £100,000, increasing to 40% for income over £1 million. The remaining income is split between the inventors, the clinical department and the trust’s central funds.

This tiered fee structure is a mechanism to incentivise the TTC for their commercialisation efforts, particularly for high-value IP that carries significant risk and requires substantial investment. This policy is designed to balance the reward for commercialisation expertise with the goal of ensuring higher value returns are reinvested into the NHS and its research activities.