If an independent provider is intent on exploiting IP independently, can NHS resources be used to develop a product?
• If the IP comes out of an NHS R&D programme, then there is an obligation on the provider to share benefit with the Department of Health on terms to be agreed. The split would depend, amongst other things, on the extent to which NHS resources were used in the development. If the IP does not arise from R&D then the provider will need to obtain permission to use NHS resources to realise IP, and the permission will be dependent on the provider of the resources (normally the PCT) being satisfied that the IP will be managed effectively. Use of NHS resources will mean that any resulting benefit will need to be shared with the provider.
