Are patent boxes more than an IP-shifting exercise?

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Are patent boxes more than an IP-shifting exercise?

There has been much focus over the past week on how companies use patents to reduce their tax liabilities

patent-box-emma.jpg

It’s a hot topic in the US in particular, where a series of executed and proposed so-called inversions designed to move the tax domicile of US companies to lower-tax jurisdictions has pushed tax policy up the political agenda.

The New York Times, for example, last week considered how pharmaceutical and biotech companies are increasingly transferring patent rights to subsidiaries abroad to enable them to enjoy lower rates of corporate tax. In Europe, the European Commission’s explanation on Tuesday of why it was taking on Ireland over its tax arrangements with Apple prompted US Senator Carl Levin, a long-time critic of multinational companies’ tax practices, to decry Apple’s practice of shifting some of its IP overseas.

But patent boxes ­– which offer companies a lower rate of tax on that part of their income attributable to patents ­­­­– have also come under scrutiny. Barrister and tax campaigner David Quentin and Nicholas Shaxson, the author of a book about tax havens, last week outlined their objection to the scheme in the UK.

They give three main reasons in support of their argument: first, that an 11% tax cut on the relevant income is unlikely to kickstart projects that would not otherwise get off the ground. Second, that the patent box rules do not simply reward the creation of new technology but also the owners of patents brought into the UK, as long as some work is done in the UK to exploit the IP. Third, that the patent system itself is designed to spur innovation, without additional subsidies.

The UK government’s real motivation in opening its own patent box, say the authors, was to compete more effectively in an international taxation race.

Evidence to support that view came last month from Germany, where Markus Kerber, the director of the Federation of German Industries, called on his own government to introduce a patent box to create meaningful incentives for keeping innovation and research and development in Germany.

There is limited data so far on the impact of the introduction of the UK’s patent box on the country’s rate of innovation. But we are interested in your experiences. Have the tax benefits on offer in those countries with a patent box changed the way your company treats IP? Have the incentives it offers been more than simply an opportunity for an accounting rejig? Do let us know.





more from across site and SHARED ros bottom lb

More from across our site

Practitioners and law firms should keep their eyes peeled for the shortlists for our annual awards
Despite a broader slowdown in US IP partner hiring in 2025, litigation demand drove aggressive lateral expansion at select firms
Winston Taylor is expected to launch in May 2026 with more than 1,400 lawyers across the US, UK, Europe, Latin America and the Middle East
News of White & Case asking its London staff to work from the office four days a week and a loss for Canva at the Delhi High Court were also among the top talking points
With boutiques offering an attractive alternative to larger firms, former Gilbert’s partner Nisha Anand says her new firm will be built on tech-smart practitioners, flexible fees, and specialised expertise
IP specialists Jonathan Moss and Jessie Bowhill, who worked on cases concerning bitcoin, Ed Sheeran, and the Getty v Stability AI dispute, received the KC nod
Hannah Brown, an active AIPPI member, argues that DEI commitments must be backed up with actions, not just words
A ruling in the Kodak v Fujifilm dispute and a win for Google were among the major recent developments
Nick Aries and Elizabeth Louca at Bird & Bird unpick the legal questions raised by a very public social media spat concerning the ‘Brooklyn Beckham’ trademark
Michael Conway, who joined Birketts after nearly two decades at an IP boutique, says he was intrigued by the challenge of joining a general practice firm
Gift this article