Know-how and the Patent Box regime: the judgment of non-obviousness and economic value

Abstract

The Patent Box is an optional preferential taxation scheme for income derived from the use of certain specific categories of intangible assets.
The current patent box regulations provide for four categories of eligible intangible assets: copyrighted software, patents granted or being granted, legally protectable designs and models, and know-how.
In particular, this paper provides an overview of knowhow, as defined by Regulation (EU) No. 316/2014 of March 21, 2014, Directive (EU) 943/2016, Legislative Decree 63/2018, and the amended Article 98 ICC, and techniques for assessing the non-obviousness parameter thereof.