What has been agreed on Patent Box reforms?

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

What has been agreed on Patent Box reforms?

So, just five weeks after a UK government minister defended the country’s Patent Box scheme, George Osborne has announced that he has agreed with the German finance minister to make changes to it. But what changes has he agreed?

On October 3, Treasury minister David Gauke told the Securities Industries Conference that he rejected any suggestion that the UK’s Patent Box facilitates profit shifting.

“Let me be clear here: categorically, it does not create an opportunity for businesses to reduce their taxes without increasing their value to the UK economy.”

He went on to defend the use of a transfer pricing approach to the Patent Box, arguing that the so-called nexus approach – favoured by many of those EU governments that have been critical of the UK’s Patent Box scheme – could “infringe the freedom of establishment” and be “overly restrictive”.

The nexus approach would also require “incredibly detailed tracing of expenditure and income”, he said, placing a heavy burden on businesses and tax authorities.

It may not come as much surprise, therefore, to find that Osborne yesterday revealed in a joint statement with his German counterpart, finance minister Wolfgang Schauble, that they are proposing new rules based on a “nexus” approach.

(You can read more about the statement and reaction to it in an article by our sister magazine International Tax Review).

But what do the changes mean? I spoke to one patent attorney this morning who concluded that the wording of the statement – confusing and avoiding the term “patent box” completely – suggested that the UK Treasury had been caught off-guard. The Patent Box – at least as it is now formulated – is likely to be a casualty of wider EU machinations and behind-the-scenes negotiations between the UK and Germany over reform of the EU Treaty.

The inconclusive statement raises as many questions as it answers: it talks about closing the scheme to new entrants in 2016, and abolishing schemes by 2021, yet it doesn’t make clear whether the existing scheme will be changed to a nexus, rather than transfer pricing, approach within that timeframe.

We will try to get more information in the coming days about how the reforms – which will require legislative changes – will affect IP owners and their advisers. If you have insights into how they will work in practice do let us know.

more from across site and SHARED ros bottom lb

More from across our site

Tilleke & Gibbins topped the leaderboard with four awards across the region, while Anand & Anand and Kim & Chang emerged as outstanding domestic firms
News of a new addition to Via LA’s Qi wireless charging patent pool, and potential fee increases at the UKIPO were also among the top talking points
The keenly awaited ruling should act as a ‘call to arms’ for a much-needed evolution of UK copyright law, says Rebecca Newman at Addleshaw Goddard
Lawyers at Lavoix provide an overview of the UPC’s approach to inventive step and whether the forum is promoting its own approach rather than following the EPO
Andrew Blattman, who helped IPH gain significant ground in Asia and Canada, will leave in the second half of 2026
The court ordering a complainant to rank its arguments in order of potential success and a win for Edwards Lifesciences were among the top developments in recent weeks
Frederick Lee has rejoined Boies Schiller Flexner, bolstering the firm’s capabilities across AI, media, and entertainment
Nirav Desai and Sasha S Rao at Sterne, Kessler, Goldstein & Fox explore how companies’ efforts to manage tariffs by altering corporate structures can undermine their ability to assert their patents and recover damages
Monika Żuraw, founder of Żuraw & Partners, discusses why IP should be part of the foundation of a business, and taking on projects that others walk away from
Lawyers say attention will turn to the UK government’s AI consultation after judgment fails to match pre-trial hype
Gift this article