Essential Confidentiality

Confidentiality plays a critical part in the ownership, development and commercialisation of ideas.

Most ideas or improvements arise out of colleagues discussing problems and identifying solutions. When such discussions take place between staff within a Primary Care Trust/Acute Trust there is a common obligation of implied confidentiality and this is OK. However, in order to maintain some control over the amount of information imparted it is wise to limit the extent of the disclosure and when potential solutions are under discussion to label any documentation as confidential. Medipex has produced a simple note that provides further guidance on this issue.

If you develop an idea or concept which may have commercial potential there are a few simple guidelines to follow which will help maximise the chances of being able to protect and profit from the idea:-

Get IP protection early
Get IP protection early at the earliest possible stage speak to the relevant Director or Senior Manager who will liaise with R&D within their Trust/PCT and Medipex who will advise on IP protection.

Keep it secret
Keep it a secret and resist pressure to announce, disclose or publish details of the idea to any party outside your organisation until the idea has been protected. Once the idea has been protected, the results can be published - it may only be a short delay.

Use a Confidentiality Agreement
Use a confidentiality agreement when discussing IP/idea with external parties such as university colleagues or commercial companies. Confidentiality disclosure agreements can be obtained from Medipex.

Do not disclose the idea
Do not disclose the idea either orally or in writing, nor give away, donate or sell samples. Remember - Public disclosure (other than under explicit terms of a confidentiality agreement) will invalidate any subsequent patent application and severely diminish both potential commercial value and benefits accruing to your organisation/Trust/PCT and the originator. Disclosure without entering into an undertaking of confidentiality may also prejudice negotiations of commercial arrangements with a company.

Do not involve external organisations or companies
Do not involve external organisations or companies in testing or prototyping without a written agreement together with confidentiality agreement being in place.More information can be found on our 'Disclosure Guidelines' page.