The patent evaluation is one of the services in the practice area “Intangible assets evaluation“. The evaluation covers a single patent or a set of patents. The service includes a preliminary legal analysis regarding the status of the patent and its actual ownership. According to the standards governing the sector as well as to professional practice, intangible assets such as trademarks, on-line platforms, software, patents, know-how, etc., in order to be eligible for financial evaluation, must be:
The economic evaluation of the patent is requested on the occasion of:
In the case of a contribution to a company, the economic valuation of the patent is compulsory pursuant to Article 2343 of the Italian Civil Code. The Italian Civil Code prescribes a certified appraisal report to guarantee the actual amount of share capital. Furthermore, patent valuation is strongly recommended whenever doubts arise regarding economic transactions involving the patent.
Please note, the legal valuation (STEP 1, see below) is often requested to our Firm by accountants who need to check the actual legal existence of the asset before proceeding with its evaluation.
Our evaluation comprises two steps:
STEP 1. Legal evaluation (verification of juridical consistency): the Law Firm performs a specific due diligence. An analysis is conducted on the status of patents (including the granting process), the extent of protection, their commercial exploitation, and the residual validity of the title. Through dedicated checklists and interviews, the Law Firm gathers all relevant documents and information. The outcome of the legal valuation consists of a comprehensive report (legal advice) that is an integral part of the subsequent appraisal report.
Please note that this legal evaluation (STEP 1) can also be provided by our Law Firm independently from the appraisal report. We are often requested to carry out a legal evaluation by accountants who need to verify the consistency of intangible assets for their clients before proceeding with their financial evaluation.
STEP 2: Appraisal report (economic valuation): The economic value of the patent is estimated following methods based on profitability, costs (e.g. R&D investments) and empirical data. The estimate of the patent value is the result of applying several valuation methods. The professional chooses the methods that are most consistent with the company’s peculiarities, the current situation and the available data. The appraisal is usually carried out by accountants selected by the Canella Camaiora Law Firm. The service referred to in Phase 1 is preliminary to the economic evaluation (Phase 2).
The Canella Camaiora Law Firm is highly qualified in the management and protection of industrial and intellectual property rights. Among the Law Firm’s services, the patent evaluation service is one of the most requested and appreciated.
The legal valuation (verification of legal consistency, STEP 1) of the intangible can also be estimated and provided by the Canella Camaiora Law Firm independently from the appraisal report (STEP 2). The economic appraisal, if requested, is carried out by accountants – experts in intellectual property and selected by the Firm – who regularly collaborate with the Court of Milan.