Section 357BD | Meaning of “qualifying development”

(1)A company carries out “qualifying development” in relation to a right if—

(a)it creates, or significantly contributes to the creation of, the invention, or

(b)it performs a significant amount of activity for the purposes of developing the invention or any item or process incorporating the invention.

(2)The reference in subsection (1)(b) to developing the invention includes developing ways in which the invention may be used or applied.

(3)For the purposes of section 357BC it does not matter whether the qualifying development was carried out before or after—

(a)the company, or

(b)where the company is a member of a group, any member of the group,

became the holder of the right or (as the case may be) an exclusive licence in respect of the right.