Research On Issues Of Patent Right Investment Laws

Company is one of the most important commercial main parts, capital accumulation is the most important characteristics. So-called capital is shareholders of company subscribe for shares from the content of capital contributions of the shareholders, can be divided into cash contribution and content. Capital contribution as a patent is an important content of the form, in the era of knowledge economy is more and more important. But the People's Daily quoted statistics show that has now developed countries in science and technological achievements have 50%, and the average ratio in China is running at only 20%, and can realize industrialization lasts only about 5% in. Understand patent contributive principle and process can serve others and can be found in the related law patent capital insufficiency, and perfect our patent system will help to accelerate capital transformation of scientific and technological achievements into productive forces.The first part of the patent contribution is briefly introduced. Firstly introduces the concept and characteristics of patent contribution. This paper introduces the concepts of the patent right of contribution defining the meaning of the patent right, we derived the capital. This part of the view from comparison, this paper briefly introduces the developed countries and regions on the contribution of patent, such as legislation in China discussed below the legal provisions to has, the mature legislative can become one of the legislation of our country.In the second part the patent except general characteristics of intangible assets investment, its characteristic is obviously, so this part of capital for patent title constituents. The second part is divided into three sections. From this perspective, the logic of the contents three bars of a legal capital. Patent The first section mainly discussed the main problem, patent contribution in different classification standard above the subject is divided into 8 kinds, and discussed the subject can and under what conditions can be used for investment, which is the patent right main components; capital The second section discusses mainly the patent right, the capital of the object that patent may not generalize, should be discussed separately to decide what kind of patent application can be used as a contribution of patent mark. For this, the patent rights in both theory and judicial practice on its investment holding positive. Finally explains the mortgage quoted law absolutely cannot become the patent right of contribution. This section of the patent belongs to the object. In comparison, analyzes the traditional view of the continental law system and common law of registered capital contribution for patent proportion of different attitude, illustrates the common law legislation should represent the future development direction. This element is special contribution will not only requirements. These three bars together the second part. The contribution of patent right above undertake an analysis shows that allow patents.In the third part mainly discusses in details the process of capital contribution patents both possible problems. The assembly sequence in strict compliance with the problems which also includes a fraction of three sections. In the first section, Explains to bring to the company's patent has huge profits, it must be full of supplicant patent risk evaluation to determine the relative risk, the company can withstand risk occurs and balanced distribution scheme. Article also think for patent is invalid patent law, the company law and the risk of conflict The second section is in the first section, this paper elaborates on the foundation in the risk assessment for over after, still must be opposite of patent appraised. Company should professional assessment institution, and then evaluated by the shareholders which determine its shares converted. This section also briefly introduced the main use of intangible assets assessment in three ways, although each of the three methods is faults, but because there isn't a good value evaluation field. Finally expounded by using the method of evaluation value of legal factor should consider. The third section from the overall view is introduced to patent contributive company will encounter program, namely conclude an agreement, transfer property rights, the patent registration part of the department and the company to perform prescribed respectively. Aiming at the first sign agreements concluded with the articles of association of the company contributive notices to make a brief analysis, with the signing of patent investors must be written agreement, the way of patent, and make clear to load the articles of association of the company. This is part of the public capital prior right, is the third person to know the real capital corporation is an important guarantee. Explain the laws for different types of ownership, the provisions of the patent for the transfer of different ways. For a patent and the patent right, the right to transfer is registered with the patent document, and for the use of the capital, licensing rights transfer time depends on both sides of the contract agreement, but patent licensing contract must be the patent The transfer of ownership patent except that will convert the actual delivery of the technology, to ensure the patent technology contributive company in mastery. Finally this bar is briefly introduced the establishment of the company logo are registered company business license, and put forward the process because patent contributive company registration, complicated and neglect and briefly discusses alternative solutions.The fourth part focuses on analyzing the investor facing the civil liability of the patent right. The bear no responsibility from the classification, but from the Angle of capital form, discusses the classification of capital contribution, delay, can not completely false capital contribution, and smoke escape capital of these five kinds of concrete in the form of capital investor should bear the responsibility of patent, including the patentee to other sponsors, to the company's responsibility and liability of the company of creditors...