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Tax Strategy Patents after the America Invents Act: The Need for Judicial Action

By: Closson, Nichelle | Journal of Corporation Law, October 1, 2012 | Article details

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Tax Strategy Patents after the America Invents Act: The Need for Judicial Action


Closson, Nichelle, Journal of Corporation Law


I. INTRODUCTION

Imagine an accounting firm trying to give advice to its clients about the most effective ways to minimize their tax liability. Associates at the firm may point out the available credits and deductions, and discuss other techniques and strategies the client may be able to use to their advantage. But wait, there is a snag. After conducting some research, an associate discovers that one of the methods recommended to the client has recently been patented. A commonly used strategy employed by tax professionals and average taxpayers alike is now only available to those willing to pay the patent owner royalties for its use. The associate will now have to explain to her …

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