Research On The Risks And Precaution System Of The Pantent Capital Contribution

Patent capital contribution is an important form of the transformation from technological assets into industrial capital, the intrinsic requirement for the era of knowledge-driven economy, and the significant part of operation of intellectual property. However, because of the specialties of the patent right, using patent rights as capital contribution has greater risks. Therefore, how to keep these risks away, thus making the most of the patent right assets in the company system is one of the issues which need to be solved. Based on the capital contribution system theory, this paper analyzes the risks triggered by patent capital contribution and tries to construct a legal system to protect against these risks with the methods of cases analysis and literature reasoning and constructs the precaution system which is fit for China’s patent contribution practice. The paper consists of four parts, of which the main content is as follows:The first part:overview of the patent capital contribution. First it introduces the definition of the patent capital contribution; then it expounds the features of the patent investment; thirdly, it discusses the main forms of patent capital contribution.The second part:the research on the varieties of risks caused by the patent capital contribution from the process of the company establishment to its operation, mainly in prospects of the specialties of the patent capital, contribution performance, commercial operation and company operation.The third part:by comparing the relevant laws and regulations about precaution of the risks arising from patent contribution at home and abroad, the defects in contribution performance and afterwards remedy system of China’s patent contribution risks precaution system can be detected.The last part:suggestion on precaution system against risks from patent capital contribution. Based on the research on the risks from the contribution the paper put forward four advices including the regulation of performance procedure, the clarification of the legal liability and the perfection of the afterwards remedy system.