New IP guidance for the NHS

On 18 November 2025, the UK government released new IP guidance for the NHS in England, replacing the previous framework introduced in 2002 (although not the 2002 directions, which are currently under review).

The old 2002 system was criticised by some for creating obscurity and uncertainty for innovators and investors, and advocated NHS IP ownership across the board.

The new guidance fundamentally alters the approach and aims to streamline innovation by clarifying rules on IP ownership and commercialisation. Instead of rigidly promoting NHS ownership of IP, the updated policy focuses on practicality and pace, offering clearer pathways for innovators and NHS organisations to work in partnership in order to bring ideas to market. The new guidance reflects elements of the NHS 10 year plan – particularly the focus on innovation, which will crucially involve significant IP development.

NHS organisations are being encouraged to strategically manage IP as a valuable asset to promote innovation, be fairly compensated for the innovations they help develop and deliver long-term public benefit. The aim is to accelerate healthcare advancements and ensure the benefits (such as improved care, efficiency and revenue from commercialisation) are returned to NHS patients, staff, future innovation projects and the system itself. Effective IP oversight is essential to protect NHS assets, maximise taxpayer value, and prevent the loss or undervaluation of innovations.

Action Points

Objectives of the new guidance include raising awareness of effective IP management, promoting consistent good practices across the NHS, and providing case studies and resources for practical application of the principles.

Key action points NHS organisations are expected to implement are:

• assign a Senior Responsible Officer (SRO) for IP management and establish effective decision-making processes;
• review and update IP policies annually, ensuring alignment with the good practice principles;
• evaluate access to Technology Transfer Capabilities (TTCs) to support commercialisation skills;
• make IP policies and TTC arrangements publicly available, for example by publishing them on the organisation’s website; and
• provide ongoing training to staff on the importance and practice of effective IP management.

Response

The new guidance has received praise for its updated approach, but there are some concerns about a lack of funding and staffing to implement action points, and the need for further systemic changes. 

Additionally, although some argue that the 2002 model may have overemphasised NHS ownership of IP, some fear that this updated guidance, and more specifically, the model agreements to which it signposts, risks shifting too far towards external exploitation and control, potentially resulting in NHS investment and innovation to be lost. 

The model agreements offer a helpful basic starting template for NHS SROs, but their generic nature and limited drafting notes may lead to costly errors if understaffed organisations rely too heavily on them without proper suitability checks. 

Notably, the model agreements include inconsistencies and apparent oversights (such as a lack of controls on collaborator sublicensees) which may allow misuse of NHS intellectual property. Launching these templates in their current form, with errors and minimal guidance, may cause further complications later.

In any case, effective management of IP is crucial in the health, care and life sciences sector.

Written by Maia Duffield and Madelin Sinclair McAusland

the updated policy focuses on practicality and pace, offering clearer pathways for innovators and NHS organisations to work in partnership in order to bring ideas to market