The Legal Risk In The Investment Of Patent Right And Its Prevention

Since the 21st century,science and technology,economy and human thought all have made great progress,in this context,the public gradually accepted the intellectual property rights the investment way,and after understanding,using its started to finance and profit.As we all know,patent right is the indispensable unit of the intellectual property system,so its related legal problems are always the focus of public attention.In view of this,this article by the patent legal risks as the research object,first of all,elaborates the topic research background,purpose and significance,the research status at home and abroad were reviewed,and then on the basis of the patent right investment related concepts are summarized,including the patent capital contribution,the meaning of the relevant laws and regulations and conditions,through access to information on the types and causes of the current patent investment legal risk be discussed from three aspects of the first,the right to apply for a patent for the legal risk,mainly including:relative monopoly risk,simply speaking,if a patent application is determined and transferred directly to the to the enterprise,enterprise after obtaining the right to apply for a patent to engage in a series of business activities through its related to creative thinking,and a month later,party b shall have the patent right of priority,lead to party b's right replaced the application right of party a,party a patent application at this time no longer has the legal effect,after the enterprise has right to apply for a patent is invalid,face the risk of infringement of party b the right to apply for a patent infringement lawsuit;Temporary risk of validity:the uncertainty of the limitation of the patent application right will lead to the uncertainty of the time of the patent right.In addition,when the patent rights are transferred,the parties may not be able to anticipate the invalidation of the patent application right and bring certain risks to the risk liability.Second,the legal risk of the capital contribution.Such as the legal risk of the patent rights and the limitation and geographical risk of patent right;Third,the patent right for other legal risks,including an application for a patent for the risk,the risk of the application was rejected,patent rights,investment risk and risk of patent value evaluation,finally analyzes the patent investment present situation,find out its main problems,such as inadequate public program strictly,investment performance of the system easy to leak,the lack of patent investment audit supervision procedures,patent investment evaluation system not perfect and the lack of effective patent contributive afterwards relief system,and then combined with domestic actual situation,based on the judicial practice,from strengthening publicity system,standardize the patent right of patent right is contributive advance investment performance of the program,establish strict patent investment audit supervision system,perfecting the patent investment evaluation system and improve the patent investment after the legal relief system five aspects proposed consummates our country patent investment legal risk prevention strategy,so as to our country's patent investment legal risk aversion to provide reference and reference.