Guidance

IP guidance implementation toolkit: self-directed resources for organisations providing or commissioning NHS services

Updated 24 August 2026

Applies to England

Purpose and recommended use

This toolkit supports organisations providing or commissioning NHS services to implement the Department of Health and Social Care (DHSC) intellectual property (IP) guidance for the NHS in England. It is designed to be practical, proportionate and adaptable to local circumstances.

It is intended for leaders, managers and teams who have responsibility for making the guidance work in practice, including but not limited to:

• executive leads
• innovation and research and development (R&D) teams
• commercial teams
• clinical leaders
• finance
• legal
• operational managers

The toolkit does not replace the official DHSC guidance or supporting resources. Instead, it sits alongside them, helping organisations translate national expectations into clear local decisions, roles and ways of working.

How to use this toolkit

This toolkit is structured to help teams start where they are, make visible progress and learn as they go. You can dip into individual sections, or work through it sequentially - there is no expectation that every organisation will use every tool.

What you’ll find in this toolkit

The toolkit brings together a set of self-directed resources that can be used by individuals or teams, including:

• a quick start guide to help you orientate quickly: this helps you identify where to begin, what to focus on first and how to make early progress
• 9-step coaching questions to structure local conversations and decisions around each of the 9 steps in the guidance: this supports practical, cross team conversations about IP decisions and responsibilities, helping to clarify who needs to be involved, what needs to be agreed and where judgement is required
• an implementation tracker to support co-ordination and accountability: this provides a simple way to co-ordinate actions, ownership and progress across teams

Quick start guide

This quick start guide is for leaders and teams within organisations providing or commissioning NHS services who want to make practical, proportionate progress in implementing the DHSC IP guidance. You do not need to read the full toolkit to begin. The steps below will help you take proportionate, credible first actions.

Clarify your purpose (30 minutes)

Before changing processes or writing documents, agree why you are doing this. Ask:

• what are we trying to achieve right now? (For example, clearer decision-making, reduced risk, staff confidence, smoother innovation pathways)
• what problems are we currently experiencing? (For example, delays, uncertainty, inconsistent decisions, over-escalation)
• where are we aligning with or diverging from the best practice principles outlined in the IP guidance?

Understand where you are (45 to 60 minutes)

Use the quick start guide to focus on:

• what already works reasonably well
• where decisions feel unclear or slow
• where people are unsure who is responsible

Agree your priority areas for improvement (30 minutes)

You do not need a perfect end-to-end IP process on day one. Agree:

• which types of activity matter most for you right now
• what level of formality is proportionate for your organisation
• what you are not trying to fix yet

Clarify roles before redesigning processes (30 to 60 minutes per step)

Use the 9-step coaching questions to focus on role clarity. Prioritise:

• who decides what
• who advises
• who needs visibility, not involvement

Test small improvements (4 to 8 weeks)

Use quality improvement (QI) principles to run small tests of change, for example:

• trial a clearer decision pathway for one type of innovation
• test a simple checklist instead of a new policy
• pilot a regular IP decision huddle

Keep light-touch oversight

Use the implementation tracker to:

• track agreed actions
• maintain executive visibility
• avoid duplication and drift

9-step coaching questions

Step 1: IP governance and decision making

Questions to ask include:

• how clear is responsibility for IP decisions in practice?
• how are IP decisions made in reality?
• where is accountability unclear or assumed?
• what happens when decisions are delayed or disputed?

Step 2: clarifying IP ownership

Questions to ask include:

• how clear are ownership arrangements across roles and relationships?
• how do different groups interpret ownership differently?
• when do ownership questions surface?

Step 3: IP awareness and training

Questions to ask include:

• who recognises IP as part of their role?
• how confident are staff in identifying IP?
• which roles are most at risk of unrecognised IP?

Step 4: IP disclosure and record keeping

Questions to ask include:

• how easy is disclosure now?
• what prompts disclosure?
• where do ideas surface too late?
• what blocks early disclosure?
• how could disclosure become routine?

Step 5: IP evaluation and feedback

Questions to ask include:

• what happens after disclosure?
• how clear and predictable is the experience for staff once they disclose an idea or potential IP, including what happens next, who reviews it and when they can expect feedback?
• where do ideas lose momentum?
• what does timely, constructive feedback look like?

Step 6: IP protection strategy

Questions to ask include:

• how do we decide whether to protect or share IP?
• where might earlier decisions or lighter-touch action have supported better outcomes?
• what principles could guide proportionate protection?

Step 7: IP development and commercialisation

Questions to ask include:

• how do we choose development and commercialisation pathways?
• where would earlier commercial clarity support better decisions?
• how could earlier clarity improve outcomes?

Step 8: IP asset management

Questions to ask include:

• how visible is our IP portfolio?
• how could stronger tracking support better decisions?
• what would a useful register look like?

Step 9: access to IP expertise

Questions to ask include:

• when do teams need specialist advice?
• where would earlier access to specialist advice support better decisions?
• what would timely, clear access to expertise look like?

Implementation tracker

We have published a templated implementation tracker alongside this guidance in Word and ODT formats.

Use the prompts in the tracker to record improvement reflections and capture:

• what you focused on
• what you tested
• what you learned
• what has changed