To ask the Secretary of State for Health and Social Care, whether (a) NHS England and (b) NHSX is liaising with the the Intellectual Property Office on the publication of patent applications resulting from access to the covid-19 datastore under the Re-use of Public Sector Information Regulations 2015.
16 June 2020
NHS England and NHSX are not currently liaising with the Intellectual Property Office (IPO) on the publication of patent applications resulting from access to the NHS COVID-19 Data Store under the Re-use of Public Sector Information (RUPSI) Regulations 2015. The IPO is responsible under United Kingdom law for granting UK patents. Patent applications are published by the IPO in the course of the application process as set out in the Patents Act 1977.
NHS England and NHSX are keen to encourage healthcare innovations and would certainly discuss with the IPO on how that could be appropriately encouraged. The NHS COVID-19 Data Store has its own controlled procedure for access where specific criteria related to COVID-19 purposes must be met. There is no uncontrolled access to data in the NHS COVID-19 Data Store. NHS England and NHSX would consider and respond to any request they may receive under the RUPSI Regulations, as those Regulations require.