Study On Some Legal Issues Of Patent Right Investment

In the past year, the patent administration department of China's domestic patent applications accepted reached 1.084 million, of which the admissibility of the amount of invention patent applications reached 281,000, an increase of 26.9%, respectively, and 29%; patent administrative departments granted patent 815,000, which authorized the territory of 719,000, an increase of 48.8%, the proportion of the total 88.3%; granted 74 000 patents territory, up 26.2% over the previous year. In the context of economic globalization, market conditions, to measure the competitiveness of a country the size depends not only on natural resources, capital, the amount of these factors of production, is more important is whether the development of science and technology, whether the legal protection for intellectual property intellectual property, capital of the road is smooth. As an important type of intellectual property patents, patent capital of one of the ways is to use patents funded. As China's domestic patents granted to the amount of rapid growth, building an innovative country proposed strategy, an effective patented technology into practical productive forces is particularly urgent, in our business to compete in the global economic arena in order to stand out.Patents as a major intangible assets, in the company's production and management play an increasingly powerful role, especially in new high-tech companies. China's "Company Law", "joint ventures Law", "Sino-foreign cooperative enterprise law", the "Company Registration Management Measures" and "Hi-tech investment on the relevant provisions" and other related laws and regulations have invested as a patent kinds of important statutory contribution form. Smooth the investment franchise, whether patented technology effectively into practical productive forces. Among these, the patent to establish a sound financing system model is particularly critical. However, there are laws and regulations related to funding for the main patent, patent-funded objects, patent valuation, investment ratio and the agency's legal responsibilities to include funding in the current context of things made some general requirements. Needless to say, the patent protection is far from smooth and efficient investment, the urgent need for more clear and specific provisions of the relevant system.The company's investor is basically divided into two categories, one is money invested, and the other is non-monetary contribution (that is, things are funded). Of course, the value of the currency because it is a natural form of expression, trading symbol, is the general equivalent. So next, last a long time the dominant proportion of money invested. As in our 1993's "Company Law", which provides in-kind, industrial property, non-patented technology is the proportion of non-monetary contribution shall not exceed 20%. However, with the socialist market economy, the company's investors are no longer stick to the currency, rather than a higher proportion of money invested that is the 2005 "Law," a bright spot, in reality, non-monetary contribution, especially patents increase the proportion of investment is also increasingly common. However, investment in patents, the country's legislation is currently in fact appear to be relatively conservative investment for the patent subject, object, publicity methods, pricing and risk assessment and other aspects have not been clearly defined. A patent is granted by the public authority must limit the monopoly of private law rights, and its intangible nature, regional, uncertainty, timing, and other professional features such as different kind of non-monetary. At the same time into the topic of patent protection for inventions, utility models, industrial designs three, these three topics is mixed. Although the patent right as a whole, as the investor in the legislation is clearly defined, but the application for patent rights, patent rights can the implementation of funding in academia extremely controversial issue. Patent is different from the ordinary objects of ownership, land ownership and some civil rights, the risk is not easy to measure, highly specialized, unique research methods. Patents as the most important intellectual property, investment research and discussion of legal issues with the reality and urgency. On the other hand, China's national strategy of building an innovative proposal of high-tech patent results of incubation, it is necessary that our legal system related to the norms to guide monetary capital and effective combination of patented technology, so that the patent capital the road more smooth, with obvious practical significance.I use this comparative study of law, economic analysis, historical research methods and qualitative analysis and other research methods, closely linked to China's current legislation, combined with the company's capital system, the basic principles and the basic principles of patent law, the legislative practice to learn foreign experience, funding for a number of issues relating to patent research and analysis system, and on this basis, made a number of legislative proposals. This article from the following aspects of the patent rights to explore funding issues: First, patents are discussed in the company's investor funded the practical significance of the contribution of some of the theoretical concepts of patent a basic explanation of the problem. Second, the comparison of foreign legislation, the main analysis in Germany, France, Japan, the United States the relevant legislation in these countries compare with our legislation. Thirdly, it is funded on the patent substantive issues were discussed, funding for the patent subject and object of comparative analysis of issues, specifically the contribution of the main patent and patent describes the object of funding problems, for Patents the right to use the funding to give the recognition, but the funding for patent applications are denied. In addition, the substantive law also focuses on the proportion of patents and patent investment funded legal liability, risk issues, and made my own arguments. Fourth, China's patent-funded program for law and substantive law of a number of issues a number of ideas put forward their own, the main patent for patent publicity, value assessment, censorship and other issues of feasibility, methods, and discuss the implementation of measures, combined with China's current legislation, make the necessary changes to the patent system and improve the investment proposal. I believe that our patents issue in the ratio of capital under special conditions is to break, especially for Hi-Tech features a patented technology, investment, its potential market value, low demand for money capital, for technological achievements are higher, and so these cases. Publicity in the patent, the patent must be publicly clear, and requires public notice of the specific issues. Special review of the funding in the patent system should be strengthened for a third substantive contribution and reliability of the special review. In addition, the value of responsibility and risk assessment, clear responsibilities of the parties to develop detailed specifications for the patent in order to better funded services.