Practical sheet | REF: FIC1636 V1

What is the tax regime applicable to patents?

Author: Pierre-Yves FAGOT

Publication date: July 10, 2017 | Lire en français

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5. What is the tax regime for licensing and sublicensing your patent as an individual?

5.1 Royalties received from the licensor

In accordance with Article 93 quater I of the French Commercial Code ( Code général des impôts ), the net positive result of a patent grant is subject to income tax in the non-commercial profits category at the rate of 16% plus social security contributions under the long-term capital gains regime, when :

  • the patent is not yet in the public domain;

  • only in the case of acquired patents, the acquisition for consideration by the licensor is more than two years old.

The progressive income tax...

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What is the tax regime for licensing and sublicensing your patent as an individual?