Requirements
For clear, concise, cost-effective advice on intellectual property, patents and industrial designs
Patent Box -
What are the Requirements?
In order to make a claim, you will need: 
  • A patent or exclusive licence under a patent which was granted by the United Kingdom Intellectual Property Office ("UK IPO", The British Patent Office) and which is or was in force on or after 1 April.
  • A patent or exclusive licence under a patent which was granted by the European Patent Office (the "EPO") and is or was in force on or after 1 April 2013 in the UK. 
  • A patent or exclusive licence under a patent which was granted by certain other national offices other than the UK IPO or the EPO.
  • A Supplementary Protection Certificate (SPC).
  • Plant variety rights or breeders rights in force in the UK or Europe.
  • Data exclusivity rights such as orphan drug rights.
Where claiming on the basis of a patent or a licence granted under a patent, you need to be able to attribute profits to the patent or to the licence. So it is necessary to be able to identify products covered by a patent or into which a patented element is incorporated, or to identify processes covered by the patent and the profits attributable to the process.
Share by: