Selling patent tax

Certain Canned Software is Now Exempt from California Sales & Use Tax  August 20, 2012 – 10:43 am
Broken tax laws disadvantage

The following article was originally published in Spidell‘s July, 2011 issue of “California Taxletter”

The California Supreme Court has denied the State Board of Equalization’s (BOE) Petition for Review of the 1-18-11 Appeals Court Decision. In that decision, the California Court of Appeal ruled that software licensed by a taxpayer to operate switching equipment was exempt under Revenue and Taxation Code Section 6011 & 6012, as it qualified as a Technology Transfer Agreement. The case involved software sold by Nortel to PacBell. In the end, Nortel was awarded a refund of over $29 million, plus costs and interest.

The software in question was copyrighted, contained a patented process, and enabled the licensee to copy the software and make and sell products (telephone calls) that embodied the patents and copyright. The BOE’s attempt to limit the scope of exempt Technology Transfer Agreement (TTA) by adopting Regulation 1507, which excluded all prewritten software including software that assigned or licensed a copyright or patent interest for the purpose of reproducing and selling other property subject to the copyright or patent interest, was overturned by the court.

Before the TTA Legislation was passed in 1993, the Appeals Court noted that the Board objected. The Board warned the legislature that the language exempting TTA from sales tax was too broad. In fact, they specifically pointed out that software could be included in this exemption. Despite the Board’s concerns, the legislature enacted the TTA provisions without excluding software. Nonetheless, the Board created Regulation 1507 which excluded software even though this was not in the TTA Statute. Although the BOE has the authority to create regulations, they do not have the authority to change the scope of the controlling statute.

Source: Sales Tax Solutions, Inc.

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Here's a checklist

Startup basics
1. Determine what you will be selling and graph your vision in numbers;
2. If you are developing a new product review “To Patent or Not”
3. Determine actual costs – including your time –
4. What the customers will be willing to pay (Key factor!) eBay closed auctions.
5. Create simplified five-year spreadsheet (forecast): Sales less cost of material...The Law of 250”. This will be the real reason for your success. (Google it now, before doing anything else!)
11. If you are selling or prospecting online, sign on with Google’s pay per click and load it with as many keywords as you can imagine. If your market is local, Google Local – it’s free. Make the most of Craiglist, mostly free.
To be continued if you think this is of interest.

Hey, cool response. Let me counter your counter.

In general, pharmaceutical companies make the bulk of their profits by selling new drugs before their patents expire.
Intellectual property only exists because the government enforces the patent system through laws and regulations.
I submit the argument that cer...ficially monopolistic environments, and thus if given the choice, would favor the presence, rather than the elimination, of government in their affairs.

The following chart illustrates the effect of generic competition on the price of a cocktail of antiretroviral drugs, used to treat HIV, between 2000 and 2001.

Your request is being answered - part 1

Startup basics
1. Determine what you will be selling and graph your vision in numbers;
2. If you are developing a new product review “To Patent or Not”
3. Determine actual costs – including your time –
4. What the customers will be willing to pay (Key factor!) eBay closed auctions.
5. Create simplified five-year spreadsheet (forecast): Sales less cost of material..., logos and slogan. Register your Domain name, select any of dozens of companies selling this service.
10. Write press releases announcing your new business. Print up some business cards. Create a flier/brochure, hand them out with your elevator pitch. Learn and master Joe Girard’s “The Law of 250”. This will be the real reason for your success. (Google it now, before doing anything else!)

PatentBridge to Sell Patent Extending Retirement Account Duration  — MarketWatch
MENLO PARK, Calif., Jun 26, 2012 (BUSINESS WIRE) -- PatentBridge LLC, the preeminent Silicon Valley patent broker since 2003, is pleased to announce that it will be selling Patent 8055566, covering a unique solution to one of the greatest problems …

InterDigital's CEO Hosts Investor Conference (Transcript)  — Seeking Alpha
The way I think about it is we are selling patent assets and those would be subject to any existing encumbrances and those encumbrances are associated with license agreements revenue from which we would retain. Charlie Anderson - Dougherty …

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