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< News & Insights

What is Patent Box? - Ad Valorem

3 minutes

| December 4, 2023

Filter by: Hot Topic | Tax |

Insights

A Guide to Patent Box for UK Limited Companies

In the dynamic landscape of business and technology, intellectual property plays a pivotal role in fostering innovation and competitiveness. For UK limited companies, the Patent Box scheme is a valuable incentive that encourages the development and exploitation of patented innovations. Let’s delve into what Patent Box is, what qualifies for this scheme, the benefits it offers, and the rules governing its application.

Understanding Patent Box:

The Patent Box is a tax incentive introduced by the UK government to stimulate innovation by providing reduced corporate tax rates on profits derived from patented inventions. Essentially, it rewards companies that invest in research and development, encouraging them to protect their innovations through patents.

Qualifying for Patent Box:

To be eligible for the Patent Box scheme, a company must hold qualifying intellectual property rights, primarily patents granted by the UK Intellectual Property Office (UKIPO) or the European Patent Office (EPO). The patent must be in force, and the company must have played a significant role in developing the patented invention. Furthermore, the company must actively use the patented invention to benefit from the reduced tax rates.

Benefits of the Patent Box Scheme:

The primary advantage of the Patent Box scheme is a reduced corporate tax rate on profits derived from patented inventions. The reduced rate is intended to promote the retention of intellectual property and associated profits within the UK. The reduced rate is 10%, significantly lower than the standard corporate tax rate. This can lead to substantial tax savings for companies engaged in innovative activities.

Beyond tax savings, participating in the Patent Box scheme enhances a company’s competitive edge. It encourages businesses to invest in research and development, fostering a culture of innovation that can lead to breakthroughs in various industries.

Rules Governing the Patent Box Scheme:

Companies must adhere to specific rules to benefit from the Patent Box scheme. Firstly, they must hold qualifying patents, and these patents must be actively used in the business. Companies can benefit from the reduced tax rate on profits directly derived from the patented invention or through the sale of patented products.

Additionally, companies must calculate their Patent Box profits separately, considering income and expenses related to the qualifying patents. It’s crucial for companies to keep accurate records and meet the documentation requirements outlined by HM Revenue and Customs (HMRC) to ensure compliance with the scheme.

In conclusion, the Patent Box scheme serves as a powerful catalyst for innovation among UK limited companies. By incentivising the protection and exploitation of intellectual property, the government aims to create a favourable environment for research and development, ultimately fostering economic growth and competitiveness on the global stage. As businesses navigate the intricate landscape of intellectual property, embracing the benefits of the Patent Box scheme can be a strategic move towards long-term success.

(E) enquiries@advaloremgroup.uk (T) 01908 219100 (W) advaloremgroup.uk

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