Concerning The Improvement Of The System Of Patent Capital Contribution

On December 28,2013, the revised the company law of the actually paid capital system reform, to cancel the patent investment contributed request within the legal time limit, the proportion of the monetary capital contribution limits and legal capital verification procedures, make patent investment become more convenient and efficient, but also of the patent law system put forward new requirements. Under the new situation, to clarify the contribution of the patent right, gradually perfect the procedure of patent investment mechanism and the responsibility mechanism of shareholder’s defective capital contribution, has very important significance.The thesis is divided into four parts.The first part is the patent for legal discussion. Important form of investment is a monetary investment, patent is a patent in the behavior of the equity, compared with other forms of capital contribution, has its own characteristics. Allows its capital contribution, not only for the company has the potential market value, but also is beneficial to the reasonable effective utilization and protection of patent products. Under the background of the thin capitalization, patent investment is also more easy and marketization in our country, the reform of capital system will undoubtedly bring a lot of positive influence patent investment.The second part is able to the conditions and scope of the patent right. Patent investment according to the power of the different, divided into the patent ownership investment, patent rights, investment, the patent application right investment and patent pledge investment. Only meet the requirements of the forms of investment children sex investment way, to fit in. Patent pledge, because not be excluded from the independent transfer to be paid the scope of the patent right, the ownership of the patent, patent rights, and the patent application right due to meet the requirements of the forms of investment demand and become a shareholder.The third part is the patent system improvement of the investment program. Patent investment takes value evaluation, investment agreement and articles of association, patent investment performance of the programs. The author analyzed the patent value evaluation and investment performance of the program. Authors suggest should reform our country’s mandatory assessment mode, establishing the mandatory assessment of limiting mechanism:small and medium-sized enterprises can deal evaluation, have difficulty can entrust evaluation, to reduce the small and medium-sized enterprises set up cost, stimulate the vitality; Revised the company law eased for the implementation of the patent investment program, investment is no longer required for the first time in the ownership transfer registration for investment conditions, it also created new problems, the author suggested that the patent of the funding for the first time investors to sign a commitment to meet its terms, and set up the company set up other people guarantee the investment mechanism and patent investment information disclosure system.The fourth part is the patent of capital contribution flaw responsibility legislation. The patent right has its own unique form of expression and capital contribution flaw causes. Patent liability system of capital contribution flaw:there are the following main problems in the patent right of capital contribution flaw responsibility imputation principle is not clear; The patent capital contribution defects liability punitive is low; Lack of patent system of the investment risk. To this, our legislation from three aspects:clear patent capital contribution flaw responsibility imputation principle, fair and reasonable to share responsibility; The introduction of patent capital contribution flaw punitive provisions, such as interest penalty and deposit penalty, increasing illegal cost; Establish censorship, paid for a patent, patent capital contribution flaw was discovered in paying before.