PracticeFARFree practice exam

FAR · Select balance sheet accounts · 6 practice questions

Patent and trademark costs: capitalize vs expense (GAAP)

Capitalize the purchase price and directly attributable costs to obtain or successfully defend a specific identifiable intangible; expense R&D, advertising, start-up, training, and unsuccessful defenses. Below: sort tricky items across three buckets with short reasons.

The ruleCapitalize the purchase price and costs directly attributable to obtaining or successfully defending a specific identifiable intangible; expense R&D, advertising/brand-building, training, start-up/organization, and unsuccessful defenses. Indefinite‑lived intangibles are not amortized; test for impairment.

Try one first

In 20X5, Lark Co. internally developed a new manufacturing process and obtained a patent for it. Lark incurred $240,000 of research and development costs, $16,000 of legal and filing fees to obtain the patent, and $34,000 of legal fees in a successful court defense of that patent against infringement. Ignoring amortization, what amount should Lark capitalize as the patent's carrying amount at December 31, 20X5?
Hint

Separate the costs of creating the idea from the costs of legally obtaining and protecting the patent.

Sort it

Capitalize to the intangible (finite-lived; amortize)

Costs that directly obtain or successfully defend a specific finite-lived legal right, or capitalizable internal-use software application-development costs.

Capitalize to the intangible (indefinite-lived; do not amortize)

Costs that directly obtain, register, or successfully defend an identifiable intangible with no foreseeable limit on useful life.

Expense immediately

R&D, advertising/brand-building, start-up/organization, training, preliminary or post-implementation software costs, routine maintenance, and unsuccessful defenses.

ItemGoes to
Legal and government filing fees to obtain a patent for an internally developed processCapitalize to the intangible (finite-lived; amortize)Directly attributable to obtaining a specific legal right.
Internal R&D costs to develop the process underlying that patentExpense immediatelyR&D is expensed under GAAP.
Legal fees in a successful defense of a purchased patentCapitalize to the intangible (finite-lived; amortize)Successful defense preserves rights; add to carrying amount and amortize over remaining life.
Legal fees in an unsuccessful patent defenseExpense immediatelyUnsuccessful defense costs are not capitalized.
Advertising to launch a new product that uses the patentExpense immediatelyAdvertising and promotion are period expenses.
Purchase price of a customer list acquired from a brokerCapitalize to the intangible (finite-lived; amortize)Purchased identifiable intangible; amortize over its useful life.
Purchase price and registration fees for a trademark expected to be renewed indefinitelyCapitalize to the intangible (indefinite-lived; do not amortize)Direct acquisition and registration costs of an indefinite-lived intangible.
National advertising to strengthen that purchased trademarkExpense immediatelyBrand-building costs are expensed.
Legal fees to successfully defend an indefinite-lived trademarkCapitalize to the intangible (indefinite-lived; do not amortize)Successful defense costs are added to the trademark; it remains unamortized while indefinite-lived.
Internal-use software coding and testing in the application-development stageCapitalize to the intangible (finite-lived; amortize)Application-development stage costs are capitalizable.
Preliminary project-stage costs for that softwareExpense immediatelyPreliminary stage is expensed under GAAP.
Training costs for the software after implementationExpense immediatelyTraining and post-implementation costs are expensed.
Research to develop new uses for an acquired patentExpense immediatelyResearch and development are expensed as incurred.
Start-up and organizational costs to open a new divisionExpense immediatelyStart-up/organization costs are period expenses under GAAP.

Key points

  • Add successful legal-defense costs to the existing intangible and amortize over the remaining useful life if the asset is finite-lived.
  • Legal and registration fees to acquire or register a patent or trademark are included in the asset’s cost.
  • Internal R&D is expensed even if it relates to a recognized patent or trademark.
  • Advertising and brand strategy costs are expensed; they do not become part of a trademark or patent.
  • Indefinite-lived trademarks are not amortized; if the life becomes finite, test for impairment immediately before reclassification, then amortize prospectively.
  • Internal-use software: capitalize application-development stage; expense preliminary and post-implementation (training/maintenance).

How the exam traps you

  • Capitalizing advertising or market-creation spend into a trademark or patent. Expense advertising, branding, and promotion as incurred; only legal acquisition/registration and successful defense costs are capitalized.
  • Amortizing an indefinite-lived trademark. Do not amortize while indefinite; test for impairment at least annually. If the life becomes finite, test for impairment first, then amortize prospectively.
  • Including R&D costs in a patent’s carrying amount. Expense internally incurred research and development, even if it relates to a purchased or internally developed patent.
  • Expensing successful legal defense costs. Capitalize successful defense costs to the existing intangible and amortize over its remaining useful life (if finite-lived).

5 more, each from a different angle

0 of 5 answered · 0 correct

Question 2

In Year 1, Company X incurred the following expenditures (cash amounts):
ExpenditureAmount
Purchased a trademark from an unrelated party$400,000
Attorney and registration fees to register the trademark$15,000
Advertising to introduce the new brand$80,000
Research and development costs for a new product line$90,000
Coding and testing internal accounting software (application development stage)$150,000
Purchased a patent$120,000
Legal fees to successfully defend the patent$25,000
Which of the following costs should Company X capitalize as intangible assets on its December 31, Year 1 balance sheet?
Hint

Identify which costs are direct acquisition/defense or application-development-stage software costs (capitalizable) versus routine advertising or R&D (expensed).

Question 3

Which of the following items should be recognized as an intangible asset on the balance sheet under US GAAP?
Hint

Ask whether the item was acquired from an external party and whether GAAP specifically requires expensing (R&D/advertising) or allows recognition as an acquired intangible.

Question 4

Harbor Co. purchased a patent in an earlier year. In Year 2, Harbor incurs legal fees to defend the patent against a third-party infringement challenge. Assume the fees relate only to the defense action and not to any damages claim. Under U.S. GAAP, which factor primarily determines whether Harbor capitalizes the legal fees as part of the patent or expenses them as incurred?
Hint

Focus on what the legal action actually accomplishes for the patent right, not on the size of the fees or how the patent was originally obtained.

Question 5

During Year 1, Morn Co. incurred each of the following costs. Assume none of the items were acquired in a business combination, and all amounts are material. Which cost should Morn report as an intangible asset on its December 31, Year 1 balance sheet under U.S. GAAP?
Hint

Focus on which cost preserves or acquires a legally protected intangible right, rather than merely supporting future benefits.

Question 6

On January 2, Year 1, Alder Co. acquired a patent from an unrelated party for $500,000. Alder also paid $25,000 in legal and registration fees to complete the acquisition. During Year 1, Alder spent $75,000 on research for a new product expected to use the patent. Assume all amounts are material, and ignore amortization and impairment. What amount should Alder report as the patent on its Year 1 balance sheet?
Hint

Separate costs to acquire the patent itself from costs to research or develop products that may use it.

Drill all 107 Intangible assets questionsMixed across every rule in the topic, so you have to spot which one applies. That is how the exam does it.

Common questions

Are legal fees to defend a patent capitalized or expensed?

Capitalize them only if the defense is successful in preserving the patent rights. If the defense is unsuccessful, expense the costs and assess the patent for impairment if needed.

Can advertising or branding costs be capitalized into a trademark?

Generally no. Advertising, promotion, brand strategy, and logo design costs are expensed. Only legal and registration costs to obtain or successfully defend the trademark are capitalized.

What happens if an indefinite-lived trademark will only be used for a limited period going forward?

On the decision date, test the trademark for impairment as an indefinite-lived asset. Then reclassify to finite-lived and amortize prospectively over the remaining useful life.

Practice FAR like the real exam

The free ChatCPA simulator: real exam layout, timed testlets, starting with a question on this topic. No account needed to start.

Open the free simulator →

More on Intangible assets

All Intangible assets practice →

Questions from the ChatCPA bank of 17,658 CPA exam questions, each with a written reason for every wrong answer. ChatCPA is built by Nicholas Miller, CPA (Oregon #14907). How these pages are made. Spot an error? Tell us.