This paper discusses the treatment of patents and registered designs under the capital allowance provisions of Division 40 and CGT rules, including:
- the nature of the intellectual property rights
- rights existing prior to the grant of a patent or registered design and the availability of CGT discounts
- cost and cost base of intellectual property
- term of rights and balancing adjustment events such as expiration, surrender or revocation
- taxable purpose test
- grant of licences and disposals.