Guidance on applying for a KDB Certificate

What is a KDB Certificate

A KDB Certificate is required for small companies which have assets in the form of intellectual property (IP) equivalent to a patentable invention.

Intellectual property for small companies is defined in Section 769R (1) of the TCA 1997 as:
“…. inventions that are certified by the Controller of Patents, Designs and Trade marks as being novel, non-obvious and useful”

The “Knowledge Development Box (Certification of Inventions) Act, 2017 (commenced on 19 May 2017) empowers the Controller of Patents, Designs and Trade Marks to provide the necessary certification.

The Controller will issue a KDB certificate if he is satisfied that all requirements of Part 2 of the KDB Act are met. On receipt of a certificate, a company will be in a position to make a claim for tax relief to Revenue.

Applying for a KDB Certificate

Please read the Guidelines for completing a KDB Certificate Application Form before completing and submitting the form.
It is suggested that before applying you consider the following:

  1. Have you completed a sworn statutory declaration that your company is a relevant company for the purposes of the KDB? [See Note 5.6(a) of the Guidelines]
  2. Does your company have a qualifying asset i.e. an invention which is the result of R&D which I consider to be patentable but have not patented? [See Notes 3 and 4 of the Guidelines]
  3. Does your company have qualifying expenditure and qualifying profits arising from the invention? [Check with your tax adviser]
  4. Have you a full clear and accurate description of the invention? [See Note 5.6. (b) to (e) of the Guidelines]
  5. Do you know the date the invention began to be used, produced or marketed? [See Note 5.5 of the Guidelines]
  6. Have you obtained an opinion from a patent agent attesting that the invention is novel, non-obvious and useful up to and on the date it began to be used, produced or marketed? [See Note 5.6 (f) of the Guidelines]

When you have read the guidelines and have considered the foregoing questions you should complete the application form.