Patent Funded Legal Issues

With the arrival of the worldwide knowledge economy era, intellectual property becomes more and more important in the 21st century. In order to dominate the market in the knowledge economy era, how to develop and adjust the technological innovation strategy gradually turns to be a white war not only in countries but also in companys. Meanwhile, with the rapid development of knowledge economy, patent right, a special intellectual property, will take a larger proportion in the enterprise assets in the information era.China is at the first stage of the capitalization of patent capitalization. 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 Chinese research institutes is no more than 20%. And less than 5% of the scientific achievements has really been industrialised. 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 arrival of knowledge economy era, 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 is 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.Investment with patent right, refers to the process of the capitalization of patent right. As a type of property rights, patent right can be used as capital to exchange the shares of a company, it is a win-win business for both patent owner and the company. For the patent owner, he does not need to raise fund to put his patent into production. And for the company, it would not need to spend much money to buy the patent, so that it could use it. However, as a special type of investment, invest with a patent right is more complicated than with tangible assets. Compared with countries whose corporate legal system is more mature, there are fewer regulations in China's patent right investment system. Even the new revise of Corporation Law only has some general principles. The regulations on the investment of particular patent rights, evaluation procedures and the liabilities are still unclear, which has brought a series of technical and systematic disorders and difficulties for the transformation of patented technology into practical productive forces. Documentary analysis, comparison, value analysis, and some other research methods are used by the author in this thesis, who combines the mature legislation and theory of 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 necessities and feasibilities of the patent right investment, the subjects and objects of the patent right investment, whether the right to the use of patent could be invested, the assessment of patent rights, the risk preventions of the investment of patent rights 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 Corporation 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, Chinese companies will raise their transformation ratio of intellectual property and participating more efficiently in both international and national competitions, and finally promote the development of China's economy in a good and fast way.