Patent Box concession

From fiscal year 2021, the new Patent Box regime came into force, which provides for the super deduction of 110% of the research and development costs incurred for the creation, development and maintenance of intangible assets subject to privative. 

Patent Box: intangible assets admitted

  •  copyrighted software;
  • industrial patents, including patents for inventions, biotechnological inventions and related complementary protection certificates, utility model patents, patents and certificates for plant varieties and topographies of semiconductor products;
  • legally protected designs and models;
  • two or more intangible assets than those above-described linked together by a complementary bond, such that the creation of a product or a family of products or a process or group of processes is subject to the joint use of themselves.

Subsidized expenses related to R&D, technological innovation and design activities

  • personnel with an employment or self-employment relationship or other relationship other than subordinate employment, directly employed in carrying out the relevant activities;
  • depreciation, principal of finance lease payments, operating lease payments and other expenses relating to capital goods and intangible assets used in carrying out the relevant activities;
  • consultancy services and equivalent services relating exclusively to the relevant activities;
  • materials, supplies and other similar products used in the relevant activities;
  • costs related to the maintenance of rights on subsidized intangible assets, the renewal of the same on expiry, their protection, also in associated form, and those related to the activities of prevention of counterfeiting and the management of disputes aimed at protecting the same rights.

How to acccess

The desire to access the facilitated taxation regime must be communicated in the tax return relating to the tax period of reference, it has a duration of five years and it is irrevocable and renewable. The new regime applies from the options exercised from the fiscal year 2021.

Our skills

We are engaged in consultancy to companies on themes such as the access to the Patent Box legislation, since its first introduction in 2015.
We have strong skills in the field of intellectual property including the identification of potentially protectable assets and support for the drafting of the patent text or other protection tools.
We are able to carry out an in-depth technical-economic analysis for each asset being the object of privative. 

Results

  • Access to the concession is guaranteed by our working method, which is in total compliance with legal provisions.
  • Possibility of obtaining tax relief which is agreed with the Italian Revenue Agency and continues for five years.

Case Studies

Patent box concession: opportunities for agro-food companies

Agro-food
Patent Box concession
Calculation of the financial contribution of trademarks to business income

Patent box concession: opportunities for automotive businesses

Automotive
Patent Box concession
Calculation of the financial contribution of technical know-how to business income

Tracking and tracing - Global fashion brand

Fashion
Patent Box concession
R&D cost reporting and calculation of the Nexus Ratio for each year of the Patent Box concession

Technical assessment of intangible assets

Packaging
Patent Box concession
Defining and outlining the company's know-how and use of legal protection tools