Study On Issues Of Patent Investment Laws

With the coming of the knowledge economy, intellectual has been increasingly evident in the enterprises' competition. In order to improve their own competitiveness and expand market share, make full use of existing knowledge and technology, many companies especially high-tech enterprises, gradually introduce intellectual property rights to fund. As the most important expression of intellectual property, patent has been the focus of attention. As a special intangible asset, patent has its own characteristics, such as invisibility, exclusivity, time, regionality, value' uncertainty and so on. As concern of the legal profession on the patent funding is late, so the provisions of the law on the relevant issues are not perfect, there are many controversial areas.This article consists of three parts. From the eligibility standards of the physical capital, in the first part, the author analyzes the patent' eligibility detailed, including patent application right, patent claims, and pledged patent. The value of patent has a significant meaning in the process of patent funding, since this article focuses on funding from a legal perspective, therefore, after defining whether the patent rights can be used to fund, the author discusses the legal factors affecting patent valuation in detail in the second part. Patent is different from the cash capital contribution and objects capital contribution, as its own features, patent funding has more risks. In the third part, the author analyzes the reasons that causing risks, and then describes the forms of risks, and proposes some ways to prevent those risks, with the hope to be able to guide people'practice.