Patent box ― qualifying intellectual property

Produced by a Tolley Corporation Tax expert

Corporation Tax

Guidance

Requirement of the qualifying company conditions

One of the requirements of the qualifying company conditions set out in CTA 2010, s 357B is that the company must hold a qualifying intellectual property (IP) right or must hold an exclusive licence in respect of such a right. Please refer to the Patent box ― qualifying companies guidance note for more detail on the qualifying company conditions and the additional criteria that must be satisfied.

The rights which must be owned by a company in order to benefit from the patent box and the meaning of an exclusive licence to such rights are set out below.

Rights to which the patent box applies

A right is a qualifying IP right if it is listed in CTA 2010, s 357BB and s 357BBA. The list is as follows:

•
patents granted under the UK Patents Act 1977 by the UK Intellectual Property Office (UK IPO)
•
patents granted under the European Patent Convention by the European Patent Office (EPO)
•
patents issued by other specified EEA national authorities

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