A Study On Issues Of Patent Right Investment Laws

The capitalization of intellectual property rights in China has just begun. Compared with the developed countries, the transferring rate of scientific achievements in China is still very low. Some statistics shows that the transferring rate of scientific achievements in the developed countries has reached about 50% while the present transferring rate of scientific achievements in some Chinese research institutes is no more than 20%, and less than 5% of the scientific achievements has really been industrialized. In the enterprises investment by intellectual property rights, patent right, as a type of intangible assets, serves as important means and condition that many companies depend on for doing their businesses. With the development of social productive forces, the transformation of production mode and the appearance of knowledge economy age, patent right has been playing an increasingly important and outstanding role in the operation of companies. In fact, patent right has become one of the important lawful investment mode. At present, much emphasis and encouragement have been laid on the innovation of intellectual property rights, whose key content----the innovation of patented technology, has displayed unprecedented vitality and competitiveness. Whether patent right can be effectively transferred into practical productive forces depends on a comparatively good investment system. Patent investment refers to the process of patent capitalization. As a type of property rights, patent right can be used as capital to exchange the shares of a company, thus the ownership of the patent right is transferred. What the shareholders get is the company's right to share profits, the right to make decisions, the right to choose administrators and etc. As a special mode of investment, patent right is transferred into industry capital, which is both the internal requirement of the development of knowledge economy and the important component of the operation of knowledge capital. Patent right is an intangible asset, which, as a means of investment, is more complicated than tangible asset. Compared with the countries whose corporate legal system is more mature, there are fewer regulations in China's patent right investment system. The regulations of China's operating mode and related program are still unclear, which has brought a series of technical and systematic difficulties for the transfer of patented technology into practical productive forces. Comparison, analysis, induction and etc. are used by the author in this thesis, who combines the mature legislation and theory of the countries whose market economy is more developed with the present legislation situation in China. Directed comparative studies have been carried out to focus on selecting the system of patent right investment, the lawfulness of patent right investment, the pricing of patent right, the permission of patent implementation, the invalidity of patent, the transfer of patent right to the company, the law liability of promoters and so on. On such basis, the author combines it with the specific situation in China and makes some suggestions on the modification and perfection of China's corporate law and its patent right investment system of intellectual property rights with the expectation that the patent right investment system in our country can be more scientific, more standardized and more reasonable. In this way, the newly established company will have a better chance of meeting the requirements of modern enterprise system and participating more efficiently in both international and national competitions, thus giving impetus to the development of China's economy in the new century.