Thoughts On Problems Of The Patent Right To Use The Funded

With the advent of the era of knowledge economy, intellectual property has become one of the indicators to measure the country’s core competitiveness, but also the focus of international competition. Countries are developing and implementing intellectual property strategy, and to explore and improve the systems and measures to promote intellectual property rights into practical productive forces. In this context, the "Company Law" has been modified to conform to the situation, to cancel or modify many of the limitations on the contribution of form and proportion. Patents, as a major intellectual property and intangible assets in economic development, have been playing an increasingly important role on market competition and technology progress, and are also increasingly becoming an important way to form part of the company’s investment. However according to the growing number of investment of the patent right to use in practice,"Company Law" has not give a clear support or negative answer. Therefore, we need to explore the relevant theoretical and practical issues funded by the patent right to use, to provide some available suggestions in the legislation.The paper is divided into five parts. The first part is an overview of the contribution of the patent right to use. It will introduce the contribution of the patent right to use and its characteristics as well as the relevant legal rules, and the necessaries and some theoretical disputes of this kind investment will be analyzed. The second part will give analyses on the feasibility of patent rights’fund based on whether the patent right to use qualitative and investment eligibility consistent with the "Company Law" spiritual and economic costs. The third part will analyze the three problems of the patent right to use the contribution: the funded program, valuation, risk prevention, which should be noted. The fourth part is to discuss the coordination of existing norms by discussing the patent right to use forms of investment, capital contribution after the exercise of the rights, the influence on stock equity brought in by patent changes in the value. The fifth part will present some legislative proposals of the contribution of the patent right to use the norms.