UK Government confirms Patent Box scheme

No items found.
​
March 27, 2012

Chancellor George Osborne confirmed in his 2012 Budget that the proposed Patent Box scheme will go ahead.

When fully phased in, the rate of Corporation Tax on profits attributed to patents will be 10%. This is coupled with a reduction in the basic rate of Corporation Tax from its current level of 26% to 24% from April 2012 and to 22% from April 2013.

The Patent Box is intended to encourage companies to base their R&D and manufacturing operations within the UK by making the country more competitive with other European countries.

The confirmation of the Patent Box was a contributing factor in GSK announcing on 22 March that it would be investing £500m across its UK manufacturing sites to increase production of key active ingredients for its pharmaceutical products and vaccines. This will result in the creation of up to 1,000 new jobs and include the location of a new manufacturing facility at Ulverston in Cumbria.

GSK’s CEO Sir Andrew Witty said: “The introduction of the Patent Box has transformed the way in which we view the UK as a location for new investments, ensuring that the medicines of the future will not only be discovered, but can also continue to be made here in Britain.”

EIP can advise on the IP strategy considerations for gaining the most benefit from the Patent Box. Click here to read our guidance note or contact our IP strategists.

Recent Case Reports

No language change at Central Division
08 October 2026
Proceedings before the UPC Central Division must be conducted in the language in which the patent was granted. There is no legal basis to change that language. In a revocation action concerning a German-language patent, the Paris Central Division rejected a request to switch the language of proceedings to English, and also rejected a subsidiary request to allow written submissions in English and hold the hearing in English, holding that Article 49(6) UPCA permits no derogation and reflects a deliberate legislative choice.
Criteria for obtaining an order to produce evidence under Rule 190
07 October 2026
This appeal judgment clarifies that Rule 190 orders to produce evidence require three cumulative conditions: specificity, necessity and proportionality, and cannot be used for fishing expeditions. The Court of Appeal confirmed that first instance judges enjoy a broad margin of discretion when assessing such requests, and upheld the order requiring production of two fabric samples for ballistic testing. Both the appeal and the cross-appeal were dismissed.
Court of Appeal focuses on the technical effect to determine added matter
30 September 2026
The Court of Appeal provided guidance on their approach to assessing added subject matter, highlighting that the technical effect underlying the invention and how the claimed and unclaimed features contribute thereto is central to the analysis.