Investment Of Right To The Use Of Patent

In the 21 st century is the era of knowledge economy, the importance of intellectual property is increasingly outstanding, as one of the most important types of intellectual property rights, patent is gradually increasing the proportion of assets in the company. From the perspective of legal theory and system, patent investment involves patent investment of children, in the practice of investment responsibility, investment and investment risk prevention, etc. Based on the patent for introduction, based on our current laws and regulations, by using methods such as comparative study, value analysis, legal interpretation of the patent this special contribution form to carry on the system analysis, puts forward legislative Suggestions. In this paper, on the structure is divided into four chapters, the main content of the chapters are:The first chapter introduction to the theory of the patent right is contributive. Including the definition and features of the patent right is contributive and eligibility. According to the characteristics of the patent right itself from the point of view of capital contribution of dynamic analysis of the characteristics and the reasons of the present patent investment process. Patent eligibility problems thinking is essentially answer some specific types of patent right is in line with the contribution of conditions. Corporation is a group, in examining the patent investment conditions of the patent right shall be taken into consideration when type can protect the interests of all stakeholders. This chapter in the forms of capital contribution children, on the basis of analysis, combined with the case of patent right of capital contribution the controversial problems in children and optimal analysis method, and argues that patent rights paid no matter from the eligibility or look from the current law is feasible.The second chapter analysis the civil liability of the patent right of capital contribution. The civil liability of the capital contribution of the western advanced countries of the patent has many rules. Which can be seen from the related regulations in our country in our country, the legislation of intellectual property investment problem cautious attitude. This to a certain extent, led to our country’s contribution rate of the economy at a low level of science and technology. The reason why our country law limit is for the sake of protecting the interests of creditors. Both in legislation and judicial practice, however, suggests that the company’s capital function of creditor’s rights guarantee is not very good, it will increase the company’s financing costs, hinder the technology into productivity. So this chapter proposed by comparing the content of the domestic and international legislation and judicial practice of dynamic comparison, explore their advanced place and deficiency, for later have put forward relevant Suggestions.The third chapter the practice of the patent right of capital contribution. On the one hand, the instability of patent right to the use value to investment caused the inconvenience. Based on patent right of capital contribution, on the other hand, its overlapping, these units after making the patentee and the company the right to exercise the there are also many problems and contradictions. In this paper, the patent invalidation, the patent right itself value changes, the patentee transfer, mortgage, license, reinvestment and company’s right to exercise the difficulties such as the specific practice problems were analyzed.The fourth chapter the patent right for risk prevention. There are many risks, the patent right for the cause of the risks that may come from the patent right itself, also may come from the development of the external market, also may come from shareholders’ investment behavior of the legal defects, etc. This chapter analyzes the patent investment risk and its reason, to design how to guard against these risks, strengthen investment both prevention measures are proposed and to perfect the related system construction and solution.