The following Corporation Tax guidance note Produced by Tolley provides comprehensive and up to date tax information covering:
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.
A right is a qualifying IP right if it is listed in CTA 2010, s 357BB. 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 (see the list below)
supplementary protection certificates relating to medicinal or plant protection products granted by the UK IPO or EPO
UK plant breeders and European plant variety rights
certain UK and European data or marketing regulatory exclusivity rights for medicinal, veterinary or plant products
inventions that have not been granted a patent under the UK Patents Act 1977 solely on grounds of national security or public safety
Patents which have been granted under the European Patent Co
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