Qualifying Patents

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All existing UK and European patents qualify for Patent Box regardless of when they were granted, as do patents from the following countries in the European Economic Area:

  • Austria
  • Bulgaria
  • Czech Republic
  • Denmark
  • Estonia
  • Finland
  • Germany
  • Hungary
  • Poland
  • Portugal
  • Romania
  • Slovakia
  • Sweden

You cannot qualify for Patent Box on the basis of a patent application - the patent must have been granted.

It will not normally be possible to get a patent granted more quickly solely for the reason that you wish to take advantage of Patent Box. However, if a delay in grant would have a significant cash flow impact on your company because of its effect on eligibility for the Patent Box this would usually be considered an acceptable reason for accelerating the grant of your patent. A significant impact could, for example, be one which might affect solvency of your company or its ability to obtain financing or to continue investment or research programmes.