Policy Forum: The Uneasy Case for a Canadian Patent Box

Several countries, mainly European, have introduced patent boxes, which reduce the corporate tax rate applicable on income generated from successful research and development (R & D) expenditures. Quebec has implemented a form of patent box for manufacturing firms that generate income from patents developed in the province, and the Saskatchewan government has announced that it will follow suit. There have been calls for the federal government to introduce a patent box for Canada. The intent is to encourage firms to engage in R & D activity that leads to intellectual property and to exploit the innovations in Canada. In this article, the authors draw on the literature and experience with patent boxes elsewhere to review the case for a patent box as an element of R & D policy in Canada. They conclude that a dual approach to R & D incentives involving some combination of ex ante tax incentives and patent boxes is reasonable, especially if patent box support encompasses a variety of forms of intellectual property. At the same time, if patent boxes are introduced, they should conform to the guidelines set out by the Organisation for Economic Co-operation and Development, in the base erosion and profit shifting (BEPS) action plan, which restrict eligibility by conditions ensuring domestic development of patents.