The scope of the Patent Box regime also extends to rights similar to patents to include the following:
Plant Variety rights, along with certain marketing or data protection rights for human or veterinarian medicines, plant breeding or plant varieties.
Supplementary protection certificates that have been granted by the UK Intellectual Property Office, the European Patent Office or certain EEA countries.
A granted application that would have complied with the requirements of the Patent Act 1977 but that was not granted for reasons of national security.
Companies can also elect into the regime during patent pending stages (the period during which the company has applied for the patent but it not yet been granted). The benefit of this is that that tax relief is available for this period, once the patent has been granted. However, this isn’t always beneficial as the regime is most advantageous when the IP is generating profits.
If you are a member of a group of companies, the rules are slightly more complicated, insomuch, that as well as satisfying any of the above conditions, the Company will also be required to demonstrate “active ownership” of the IP. When demonstrating “active ownership”, companies aren’t required to have made all the decisions during the product development stage, but must have performed a significant amount of management activity.