Study On The Legal Problems About Investment Of Patent Right’s Using

With the development of the knowledge-based economy, the common zonebetween intellectual property law and company law is showing more and more extensiveand complex legal phenomenon and legal issues. Being a typical type of intellectualproperty and the core of company law,the combination of patents and capital systembecomes the hot issue of academic research.The capitalization of intellectual propertyrights has become a important issue in the field of intellectual property law and companylaw in the21st century.Therefore,the perspective of this paper focus on the crossingareas of investment of patent right’s using and the company investment system.With theusage of the basic principles and rules of corporate capital system and combined analysisof speciality inside patent rights,this paper is meant to give a systematic and deepresearch on the possibility of payment for patent rights, and its appraisal andvaluation,meanwhile the program of contribution to capital and its publicity togetherwith the attached risk and responsibility and related theoretical issues are also in therange of my study.The paper has been divided into three parts,introduction,body andconclusion, while the body has been divided into four parts:The first part is to reveal the dispute that whether the existence of investment ofpatent right’s using is necessary.Clarifying the term using right inside investment ofpatent right’s using exactly refers to rights to carry out patent which differs from the oneinside investment of licensed patent right’s using and patent licensing.Existing theoreticaldispute towards investment of patent right’s using involves negativism,positivity andlimitation theory, its legislative status and judicial protection should also bestrengthened and improved.The second part mainly focus on the analysis of practical obstacles inside investmentof patent right’s using. On one side,the instability of the value of patent right’s usingbring some trouble to investment.On the other side,because of the legal crossing ofpatent right’s using,there are many obstacles and contradiction when patentee and company exercising their rights.This paper has analysed some practical obstacles likeinvalid patent declaration,change of the value of patent right’s using,parent transfer,pledge, license, sub-investment by patentee and troubles of right’s exercising bycompany.The third part mainly focus on the demonstration of the feasibility of investment ofpatent right’s using. Starting with theoretical issues of view of the company’s legislativeidea,credit base,investment system and the physical contribution,this paper hasproved its feasibility. Meanwhile,this paper has gived specific solution to overcome thepractical obstacles of investment of patent right’s using.In the period of knowledge-basedeconomy and transformation of company,as a effective legislative model,"Agreed inadvance and regulated afterwards"will be the inevitable trend.This trend will carryforward the development of investment of patent right’s using.The fourth part discusses the specific operational problems in the process ofinvestment of patent right’s using.Consideration should be given to legal factors affectingthe value of patents when to appraise and evaluate.The process of investment andpublicity should be in chronological order charifying possible problems andcountermeasures occured in the process.It also needs a risk prevention mechanism,including the prevention and responsibility regulation of deficient rights, violation ofrights restrictions and fault from third-party.