What fees are payable on contracts related to patents?
The contracts, with which patents are surrendered or transferred in exclusive licence, must be transcribed at the Italian Patents and Trademarks Office, which is at the moment at the Ministry of Productive Activities. To do the transcription, usually, you need to have an authentic copy of the contract with which patents are surrendered or given in licence. This rule though, further to the enforcement of the Industrial Property Code, has two exceptions: in case of a merging between firms it is sufficient enclosing to the request of transcription a certification given by the Registry of companies testifying such fact, whilst in the case of giving a branch of a firm to another company, it is enough enclosing a declaration of surrendering it undersigned by both companies, indicating the rights of the patent object of the same transfer. Furthermore, it is necessary to present a request at the Italian Patents and Trademarks Office, paying the tax fees and proceed with the deposit of the acts at the Chamber of Commerce. This transaction has a single payment when it gets done, whilst further on there will be no more payments of the annual fees. On the other hand, the income coming from the exploitation of the patents are subject to taxation, but normally the proceeds from the use of copyright, patents and intellectual works are taxable at 75%, whilst the remaining 25% is tax free.