Intellectual Property Isn’t Your Only Asset: Why NHS Innovators Should Value Their Expertise and Time

Introduction

In my previous blog post I discussed one of the biggest decisions facing NHS inventors once they’ve secured IP protection for their medical device: should you create your own spin-out company, or partner with an established commercial organisation? I also explored the advantages and disadvantages of working with either a small medical device company or a large multinational manufacturer.

Whichever route is chosen, securing a commercial partner is often seen as a major milestone.  After months, often years of developing an idea, refining prototypes and protecting the IP, it can feel like the hardest part of the journey is over.  The commercial deal is secured.

However, another equally important consideration can creep into the background which the inventor is likely to be totally unaware of.

As an innovation progresses through development, regulatory approval and towards market launch, your role as the inventor will often grow far beyond simply being the person who came up with the original idea. Your clinical experience, practical knowledge and understanding of the problem become invaluable assets to the commercial partner developing your concept.

This raises an important question that many first time NHS innovators never stop to consider:

What is your time & clinical expertise actually worth?

For many clinicians, helping comes naturally. We solve problems, share knowledge and support colleagues every day without expecting anything in return beyond our NHS salary. It’s in our nature, it’s the culture we work within.  This can often be an unforeseen weakness of the inventor.  

Commercial organisations, however operate in a different environment.  Monetary costs are attributed to products & services and are factored into business plans, budgeted for.

In many cases, volunteered clinical expertise will save development time, reduce technical uncertainty, avoid costly redesigns and contribute significantly to product development.

I look to discuss these contrasting mindsets within this blog post.

This article isn’t about distrusting commercial partners or suggesting that companies deliberately take advantage of inventors. Many partnerships are built on mutual respect and work exceptionally well. Rather, it’s a discussion about encouraging NHS innovators to recognise something that can easily be overlooked: Your IP isn’t your only valuable asset. Your time, clinical expertise and first-hand clinical knowledge are every bit as valuable and deserve equal recognition and protection throughout the commercialisation journey.

Your IP Isn’t Your Only Commercial Asset

Most first time innovators and NHS Trusts understandably focus on protecting IP. Patents are essential but they’re only part of the value you bring when entering a commercial partnership.

Your greatest assets are something no patent can protect; Clinical knowledge, Clinical experience and perhaps most importantly of all, 'Your time'.

Commercial entities recruit engineers, regulatory specialists, quality managers, marketing professionals, all manner of services and professional support.  However what can’t be recruited are years of the inventors expert clinical knowledge gained from frontline clinical experience uniquely intertwined with the patient problem identification and concept solution.

As the inventor of a medical innovation born from recognising a genuine clinical problem, you bring far more than the original concept. You understand how a device will be used under pressure, how it should behave in practice, which materials clinicians are likely to trust and what design features will improve usability when delivered to the market. The combination of clinical insight, human factors expertise and understanding of the problem could well determine whether an innovation is either embraced by healthcare professionals or be simply not fit for purpose.

Two Different Worlds

One of the biggest adjustments for many NHS innovators is moving from a public service culture into thinking with a commercial mindset.  For frontline healthcare staff this requires a totally different thought process, which doesn’t come naturally to many.

Within the NHS clinicians naturally share knowledge freely. Helping others is simply part of professional life, it’s in our nature, it’s essential for best patient outcomes.

Commercial organisations operate slightly differently. Their purpose is to develop products, generate revenue, maximise profit and hopefully create a sustainable business.

The challenge arises when these two cultures meet.  An NHS inventor may think, “I’m just helping because I desperately want the project to succeed.”

A commercial organisation however may understandably view the same contribution as highly valuable specialist input that accelerates development and potentially reduces costs.

Neither perspective is wrong, however if the inventor fails to recognise the value of their own contribution the relationship can potentially become unbalanced.

Don’t Underestimate the Value of Your Time

As clinicians, we often underestimate our own expertise because it feels normal to us.

Expert knowledge can unlock problems that manufacturers simply cannot solve alone. 

As the inventor you may identify the most appropriate materials because you’ve used similar products for years in clinical practice, recognise subtle usability issues, potential problems, human factors and patient safety issues prior to market launch.  Those insights can save months of development time and avoid costly redesigns.

Your experience isn’t simply helpful, it’s extremely valuable commercially.

How Your Role Can Gradually Evolve

Many innovators are surprised by how quickly their involvement grows after a licensing agreement is signed.  Their input can potentially be an integral element of the original licensing agreement itself.  But what are the limits to this requirement for the inventor, what is an acceptable amount of time and at what cost to the inventor and their family?

Initially, you may be asked to answer the occasional clinical question, review a prototype.  Regular Teams meetings may become part of your week, a WhatsApp group may even be created. 

Soon the inventor could be reviewing engineering drawings, helping write training material, commenting on packaging, appearing in promotional videos, participating in documentary filming, travelling to exhibitions, delivering presentations, supporting distributors, introducing key opinion leaders and answering emails throughout the day, in the evenings and even at weekends.

Each request may only take a few minutes or a few hours.  Over months and years however, those hours accumulate.  At some point it’s worth considering:

Am I still supporting the project, or have I become part of the development team?

If involvement begins to extend well beyond inventor support and becomes an ongoing expectation and integral to a product’s success, it may be time to have an open conversation about how the role has evolved.

Recognise When Expertise Becomes Consultancy

There is a significant difference between reimbursing expenses and recognising professional expertise. Travel and accommodation for example simply ensure you are not left out of pocket, they’re not payment for your expert clinical knowledge.

If your contribution has become regular, structured and essential to the development and success of the product, it’s reasonable to discuss whether your role is now better described as ongoing consultancy or a clinical advisory position.

After all, every other specialist involved in bringing a medical device to market is paid for their expertise.  Consultancy is financially rewarded and rightly so. Engineers are paid, regulatory consultants are paid, patent attorneys are paid, quality managers are paid, marketing specialists are paid, therefore clinical expertise should be recognised in exactly the same way.  It could be argued that the inventors ongoing clinical contribution deserves recognition alongside the expertise of other professionals involved in the project.

A Partnership Built on Mutual Respect

This article is not about distrusting commercial partners.  Many medical device companies value their clinician inventors enormously and build collaborative, respectful relationships that benefit everyone involved.

Nor is it about placing a price on every email or telephone call.  This blog post has been created to discuss recognising that as an inventor your expertise has commercial value and as projects develop expectations remain fair, transparent and proportionate for all parties involved.

The strongest partnerships are those where both sides understand and respect the value each brings to the table.

A Final Thought

As NHS clinicians, we are conditioned to help. That generosity, professionalism and commitment to improving patient care are among our greatest strengths. However, when that expert clinical knowledge begins to contribute to the commercial success of a medical device, remember that your time has enormous value too.

IP may protect the innovation, but your time, your experience and your clinical input can be crucial in transforming the original concept into the final successful commercial product, benefiting patients and financially for all parties involved.

Intellectual property must be protected at all costs but do not forget to protect and value the one often overlooked asset you can never replace as the inventor, your time.

Disclaimer: This article is intended as general guidance for clinician innovators. It discusses broad principles of medical device commercialisation and is not based on, nor intended to refer to, any single commercial relationship, organisation or individual.