New updates to the NHS intellectual property (IP) guidance will improve access to new treatments more quickly
The UK Government has unveiled important updates to Intellectual Property (IP) guidance for the NHS in England to drive innovation, improve patient access to new technologies, and unlock economic growth.
Previously, the NHS was relying on outdated IP guidance from 2002, which was not designed for technologies such as AI and Machine Learning. As a result, obsolete processes have slowed the delivery of innovations to the front line, with complex and legal negotiations often the cause.
The repercussions of outdated NHS IP guidance
Outdated guidance has led to missed opportunities, leaving the UK lagging behind other health systems. In one case, a major collaboration between an NHS-affiliated researcher and a tech company that had attracted significant interest and potential investment was derailed after nearly 2 years of legal negotiations. Another example is a company that provides speech and language therapy support to 200 schools, which faced ongoing uncertainty for almost 2 years due to the absence of clear IP policies, hampering growth and delaying benefits to children.
However, the new guidance streamlines processes, defines clear roles and responsibilities, and promotes consistent best practices. For instance, it clarifies ownership and commercialisation rights, simplifies the negotiation process, and sets clear timelines for the implementation of new technologies, so that innovations can reach patients faster.
The IP guidance was developed with support from the National Institute for Health and Care Research (NIHR) to ensure the guidance directly supports the government’s mission to build an NHS fit for the future. It is aimed at all organisations that provide or commission NHS services across England. It will give clarity to innovators, research funders, academia, and industry partners on IP ownership, collaboration, and commercialisation.
Health Innovation and Safety Minister, Dr Zubir Ahmed MP, said: “For too long, innovators have faced unnecessary barriers when trying to bring life-changing ideas to patients through the NHS. This updated guidance removes the red tape and provides the clarity needed to accelerate innovation across our health service.
By getting the fundamentals right, we can drive transformation, commercialise ideas both domestically and internationally, and strengthen the UK’s position as a global leader in health and life sciences research and innovation.
Most importantly, it will ensure that the benefits of innovation – from improved patient care and more efficient services to fair commercial returns – flow directly back to patients, staff, and the NHS, strengthening its role.”
Rewarding vital NHS innovations
The guidance will ensure the NHS is properly rewarded for the innovations it helps create, with any return on investment reinvested in the NHS.
Fiona Bride, Director of Medicines Value and Access at NHS England, said: “We are pleased to have worked closely with government on this refreshed IP guidance, which brings much-needed clarity and consistency to how innovation is supported across the health service, and will help to get new treatments and technologies to patients faster.
The NHS has an exceptional record in bringing forward the latest innovations to patients, and this guidance will strengthen this further, giving clinicians, researchers and partners the confidence to progress ideas that improve care, and help to deliver the ambitions of the 10-Year Plan.”
Andrew Davies, Executive Director, Digital Health (Association of British HealthTech Industries) said: “Clear IP guidance is essential to unlock safe, scalable innovation in the NHS. With the right framework, industry can invest with confidence, co-develop solutions more effectively, and bring cutting-edge technologies to patients, while strengthening the UK’s position as a global leader in HealthTech. We welcome updated guidance that provides clarity and consistency on roles and expectations, and supports effective collaboration between industry and the NHS.”
Professor Ben Bridgewater, Executive Chair of the Health Innovation Network, said: “The refreshed Intellectual Property guidance is a welcome step towards unlocking the full potential of innovation, particularly digital innovation, in the NHS.
Innovation is central to delivering on the ambitions set out in the 10 Year Health Plan and the Life Sciences Sector Plan, but to meet the needs of patients, health systems, and the requirement for economic growth, we must better enable the implementation and spread of innovation.
This new guidance aims to support this by removing some of the complexity and barriers, particularly around ownership and commercialisation. We look forward to working with partners to help ensure the new guidance translates into progress on the ground.”
