Patent Asset Transfers: Tax Implications of Patent Sale, License, Cost Share Arrangement, Contribution

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, October 10, 2017

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to counsel involved in patent asset transfers on tax ownership issues and the tax implications of different types of transfers. The panel will address how to ensure the patent is transferred on a tax advantaged basis.


While transferring IP assets may seem to be a simple task, this simplicity is deceiving. Such transfers can be filled with legal and tax implications. The tax rules surrounding IP are complex and have not kept up with technology. Understanding how IP is treated for tax purposes depends, in part, on how the transaction is characterized. Additionally, recognizing and comprehending the difference between legal ownership and tax ownership is critical. Legal ownership and tax ownership may not be with the same person or entity.

Regardless of the type of patent transfer, there will be tax consequences. The type of transfer classification may impact allocation of deductions, withholding taxes, loss offsets, and other tax issues. Patents and other IP have unique federal income tax consequences that transferors and transferees must be aware of to ensure that IP is transferred on a tax advantageous basis.

Listen as our authoritative panel of tax attorneys examines tax ownership issues and the tax implications of different types of patent transfers, including sales, licenses, and contributions. The panel would also discuss ways to address the tax concerns surrounding patent asset transfers and ensure that the patent is transferred on a tax advantageous basis.



  1. Ownership—legal vs. tax
  2. Transfer structures and tax implications
  3. Best practices to ensure patent transfer is done tax advantageous basis


The panel will review these and other key issues:

  • How does ownership differ under the tax rules?
  • What impact does the type of transfer have for tax purposes?
  • What steps can counsel to both transferors and transferees take to ensure that patents are transferred on a tax advantaged basis?


Fowler, Lynn
Lynn E. Fowler

Kilpatrick Townsend & Stockton

Mr. Fowler focuses his practice on corporate and business tax law. He specializes in helping clients develop and...  |  Read More

Tollis, Vanessa
Vanessa Tollis

Gide Loyrette Nouel

Ms. Tollis specializes in the U.S. tax aspects of cross-border transactions, both inbound and outbound. She advises a...  |  Read More

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