The New NHS IP Rules: A Green Light for MedTech

In November, the NHS published their updated Intellectual property (IP) guidance for the NHS in England. The guidance emphasises the importance of innovation in the overarching NHS strategy to improve patient care and drive forward healthcare reform. This latest guidance explains what a critical tool IP is in the development and implementation of this strategy. 

The new guidance brings a shift to the way the NHS views IP ownership and so should be welcome news to those in the MedTech sector who collaborate with them.  

For over twenty years, setting up Intellectual Property (IP) agreements with the NHS has been a complex process. Historically, NHS Trusts often looked to keep ownership of IP generated during collaborations to ensure a return on public investment. However, this new guidance shifts the focus. The new framework recognises that commercial partners are often best placed to develop and scale new products for patient benefit.

The challenge for MedTech has often been how to handle contributions from NHS staff during clinical testing. If a clinician helps improve a device, it can legally create a situation of joint ownership. Under the earlier framework, Trusts often managed this by seeking a share of the patent or a stake in the company. While understandable, this approach frequently caused delays, as investors often require a company to have full control of its technology before they invest.

The 2025 guidance offers a practical way forward. It prioritises the speed of getting technology to patients over strict asset holding. The NHS is now encouraged to be more flexible with these rights. Instead of requiring a share of the patent, a Trust is guided to accept a "fair return" in other ways, such as royalties on future sales. This allows the commercial partner to keep the clean IP title necessary for growth, while ensuring the NHS is fairly rewarded for its input.

The update also aims to make decision-making more efficient. It is recommended that every NHS organisation appoint a Senior Responsible Officer (SRO) for IP. This is a senior executive within the Trust who holds personal accountability for IP strategy. This development provides a clear point of contact for negotiations. MedTech businesses can now engage directly with decision-makers who have the authority to approve these more flexible agreements. 

With this report, the NHS is signalling a more collaborative approach, which makes it more important than ever for MedTech businesses to seek strategic IP advice to make sure that deals with the NHS are structured to protect their interests while delivering fair value.