The Legal Protections Of The Patent Right Investment Risk

With the rapid development of social economy, the importance ofintellectual property is increasingly outstanding. Patents as an important content ofintellectual property rights, its capital contribution in enterprise operation ofoccupied ratio increases gradually, the patent right is contributive to considerproblems mainly in the process of patent rights, to invest the contribution form andcontent, risks and precautions and so on. Based on the patent for entry, using themethod of comparative analysis, literature, logic reasoning method of the patent ofthe investment risk and the system analysis, and put forward relevant legal measuresto protect against it. This article is divided into four parts in the structure, the maincontent of each part is:The first part: Patent, the first overview of the investment risk introducedwhat is patent capital contribution, secondly expounds the concept of patentinvestment risk, furthermore discusses the patent in our country the main form ofcapital contribution and the risk of various forms of capital contribution andshortcomings, finally, this paper discusses the relevant laws and regulations in ourcountry for a patent contribution form and content.The second part: Mainly analyzes the patent capital contribution in theprocess of the patent itself forms and its preventive measures, mainly have the patentright of limitation, regional risk; Defects risk and assess risk. For this kind ofinvestment risk of patent, the main method is to strengthen the examination of patentcapital contribution, and requires the investor to make related commitments, and tostrengthen the responsibility of a patent evaluation unitThe third part: in this part, mainly considered the patent capital contributionin the process of transfer problems, Capital contribution in the process of the transferof patent should pay attention to the assignee and related legal right of creditors, Tothe legitimate interests of the assignee and creditors may be the risk ofcountermeasures are put forward. The fourth part: I think that may encounter in the process of patent pledgerisk, mainly including the patent pledge of economic risk, risk of commercial bank,and lack of risk-sharing mechanism. Against these risks, main measures areappropriate evaluation for patent right; Take the way of combination of patent rightguarantee and other guarantees the pledge; And set up the mechanism of pledge loanof factoring.