Section 357BD | Meaning of “qualifying development” ^F1

(1)A company carries out “qualifying development” in relation to a right if—^F1

(a)it creates, or significantly contributes to the creation of, the invention, or^F1

(b)it performs a significant amount of activity for the purposes of developing the invention or any item or process incorporating the invention.^F1

(2)The reference in subsection (1)(b) to developing the invention includes developing ways in which the invention may be used or applied.^F1

(3)For the purposes of section 357BC it does not matter whether the qualifying development was carried out before or after—^F1

(a)the company, or^F1

(b)where the company is a member of a group, any member of the group,^F1

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