Nurses are not merely caregivers; they are problem-solvers at the front lines of medicine. Nurses develop new medical devices, refine treatment protocols, and create educational materials. Yet, as patient care and administration come first, it can be all too easy to overlook legal mechanisms available to safeguard these innovations. Intellectual property (IP) law is the cornerstone of protecting innovation, and it’s important for nurses to have a foundation of IP basics. As a nurse, here are the top 10 things to know about IP!

1. Intellectual Property as an Economic Incentive

IP law, rooted in the US Constitution, is designed to encourage innovation by granting a limited amount of exclusive rights to creators in exchange for sharing innovation details with the public. This incentivizes investment in research and development by ensuring that inventors benefit from their ingenuity. Nurses who innovate have access to these rights and should explore patents, trademarks, and copyrights to protect such innovation.

2. Patents: Monopoly in Exchange for Disclosure

A patent grants a temporary monopoly (typically 20 years) to an inventor in exchange for public disclosure of the invention. This quid pro quo fosters further innovation while rewarding the original creator. There are three categories of patents: utility patents, which protect functional inventions; design patents, which secure aesthetic elements; and plant patents, which cover new botanical varieties. See the USPTO for more information.

In 2017, nurse Tracey L. Kennedy patented (D781,528) a redesigned hospital gown to enhance patient comfort and care efficiency. Even this one example illustrates how nursing professionals can leverage patents for both economic gain and improved patient outcomes.

3. Copyright: The Default Protection for Creative Works

Copyright law automatically protects original expressions—text, images, videos, and software—from unauthorized reproduction. Registration with the U.S. Copyright Office strengthens one's ability to enforce rights in court. Unlike patents, copyright protection arises at the moment of creation, and lasts for the author's lifetime plus 70 years.

As an example, if a nurse publishes a manual on wound care, copyright protection ensures they retain exclusive rights to reproduce and distribute it, preventing unauthorized use by competitors.

4. Trademarks: The Weapon Against Consumer Confusion

Trademarks prevent brand dilution and consumer deception. A nurse developing an educational platform or consulting service should trademark its name, logo, or slogan to secure exclusive commercial use.  

If an entrepreneur intends to launch "Wellness Warriors" they should perform a trademark search to ensure no one has already protected that phrase. Securing a trademark prevents competitors from capitalizing on the brand’s reputation.

5. Trade Secrets: The Less-Recognized IP Protection

A trade secret is confidential information that provides a competitive edge. Unlike patents, trade secrets do not expire but require active protection through non-disclosure agreements (NDAs) and limited access. Once disclosed, they lose protection.

The formula for Coca Cola® for example, is held as a trade secret. Methods and formulas may be maintained as a trade secret with the appropriate protection, without the expiration constraints of patents (but infringement may be harder to enforce through litigation).

6. Work-for-Hire: Do You Actually Own Your Innovation?

Most nurses work under employment contracts that assign IP rights to their employers. Many healthcare institutions claim ownership of inventions developed during employment, even outside work hours. Working with an attorney skilled in IP to review contracts and negotiate carve-outs can ensure that personal innovations remain in the nurse’s possession.

For example, if a nurse invents an improved catheter system while working at a hospital we look to the employment agreement among other facts to determine ownership and how best to protect. If the nurse signed an agreement transferring IP rights, the hospital—not the nurse—owns the invention.

7. Public Disclosure: The Silent Killer of Patent Rights

A common but fatal error among inventors is publicly disclosing their innovation before filing for a patent. In the U.S., there is a one-year grace period after disclosure, but most foreign jurisdictions have a strict "absolute novelty" rule, meaning any prior disclosure destroys patentability.

As an example, if a nurse presents a new wound dressing technique through a poster session or presentation at a conference and hopes to obtain a US patent, they may forfeit exclusive rights or the employer’s rights to the invention.

8. Collaborations and the Importance of Clear Agreements

Joint innovations require clear agreements delineating ownership and profit-sharing. The law presumes equal ownership among co-inventors unless otherwise stated, which can lead to disputes.

Here, if a team of nurses develops a mobile app for patient tracking it would be critical to have agreements in place regarding the IP rights related to the application. If ownership is not contractually defined, any member may be able to license or sell the technology without the others’ consent.

9. Licensing: Monetizing Innovation Without Surrendering Ownership

Rather than selling an invention outright, a nurse can license its use in exchange for royalties. Licensing offers an avenue for passive income while retaining control over the IP.

Let’s look at a specific example of how licensing may play out. A nurse invents a pediatric IV stabilization device and licenses it to a manufacturer. Through IP protection including patent(s), potential regulatory approval(s), trademark(s), and licensing, each sale generates royalties, securing a continuous revenue stream.

10. Lawyers as Allies: Seek Professional Counsel

Navigating IP law is complex, and errors are costly. Seeking the expertise of an IP attorney mitigates risk and ensures comprehensive protection. Healthcare IP specialists offer tailored guidance for nurses looking to patent, trademark, or license their innovations.

To illustrate how this partnership can be valuable, in a hypothetical case, before launching a telehealth platform, a nurse consults with a nursing IP specialist. The attorney advises on patentability, regulatory considerations, trademark registration, data privacy, and contractual safeguards.

Nurses are indispensable to healthcare innovation, yet they rarely capitalize on their contributions. Understanding intellectual property law is not an esoteric exercise—it is a practical necessity for securing professional rights. Whether through patents, copyrights, trademarks, or trade secrets, nurses who innovate should proactively adopt a strategic approach to protect their work and foster improved patient care. 

‍Cassie J. Edgar (cassie.edgar@ipmvs.com) is a patent attorney, regulatory attorney, and member of The American Association of Nurse Attorneys specializing in advising at the intersection of science and law.