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Research Paper Volume 7 Issue 1 34 - 44 January 14, 2025

Patent Box Regime: Indian Scenario

Lead author · Corresponding
Aishi Mukherjee
Student at University of Petroleum and Energy Studies, India
Abstract

A patent box regime is a tax incentive structure that offers advantageous tax rates on income from patents and specific forms of intellectual property (IP) in order to promote R&D and the commercialization of IP. Businesses can take advantage of lower tax rates on profits from the use of eligible patents, trademarks, copyrights, and other innovations under this scheme. The objective is to encourage innovation, support domestic R&D, and stop IP assets from moving to countries with lower tax rates. By providing a lower tax rate on income from patents, India's patent box scheme is a tax incentive designed to promote innovation and R&D domestically. Indian-resident patent holders are entitled to a 10% tax rate reduction on worldwide revenue derived from the use of patents created and registered in India under Section 115BBF of the revenue Tax Act, which was added in the Finance Act of 2016. This clause aims to boost domestic R&D, promote IP retention in India, and increase India's competitiveness as an innovative jurisdiction. India's patent box law and its function in offering advantageous tax breaks to inventors and intellectual property (IP) owners are the subjects of this study. The government aims to boost India's competitiveness in high-tech businesses globally and foster an environment that encourages research and development (R&D) by providing a 10% tax rate on income from patents that are filed and produced in India.

Type
Research Paper
Information
International Journal of Legal Science and Innovation, Volume 7, Issue 1, Page 34 - 44
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLSI 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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