Research On Investment Of The Right Of Patent Using In The Establish System Of Company

Patent funded system in the process of setting up a company is a process of patent capitalization. Patents as a property right in exchange for the company's equity in a funded way. Shareholders acquire the company's earnings right, decision-making right, choose the right managers right and so on. Patent funded system as an important form of technology capitalization is an inherent requirement of the era of knowledge economy, and an important component of capital operation. Patents as an intangible asset, has many characteristics different from the tangible assets and its funding process more complex. The relevant provisions of Chinese law is smaller, its mode of operation and related procedures provided are still imperfections compared with western developed capitalist countries. This has brought a number of technical and system problems to patent capitalization.I mainly used the method of literature analysis, comparative analysis and the combining of theory and practice to study the corporate law, patent law, intangible assets evaluation theory an so on. Contrast to the mature legislation, doctrine of western developed capitalist countries and national current legislative status quo, To demonstrate the legal relations, legal liability, patent valuation issues, patent invalidity etc. related to the patent funded system in the process of setting up a company. On this basis, combined with China's specific conditions, offered modification and improvement recommendations for the patent funded system. To make Chinese patent funded system more scientific, standardized, and rational. I am very glad to contribute to Chinese patent funded system.