A Study On The Legal Issues Of Patent Funding

The process of marketization,which is dominated by technology and economy,has inevitably become the main form of China's economic development.With the increase of economic transition pressure,scientific and technological inno-vation has been playing the new economic stage as an indispensable protagonist and developing intellectual property But also by the state attention and further rise to the level of national strategy.In the national policy of strong support,China's patent applications accepted and authorized volume is growing.According to the State Intellectual Property Office statistics,the total number of patent applications received in the year 2016 was 3.455 million.and increase of 21.5%over the previous year,and the total number of authorized patents was 1.753 million.Although there are so many patents,but does not mean that can bring visual market benefits.This kind of patent technology idle situation in personal and scientific research institutions in the most common.Low-efficiency allocation of patented technology resources is undoubtedly not conducive to the Realization of the Goal of China's Science and Technology Strategy.In this case the use of patent investment is undoubtedly the way to solve this problem.The patent system and the company system will cooperate to a large extent to play the potential of patented technology for the company and the patent holders to bring a win-win situation situation.The research and practice of patent technology investment has been carried out in the last century,but in many cases focused on the feasibility of the exploration.The relevant legal system did not make a good response,specifically the details of the operation is not clear.So this article will be on the patent rights of the legal issues to explore,and try to solve the problem.The structure of this paper is divided into four parts.The first part introduces the theoretical basis and value of the patent right.The theory of utilitarianism is the theoretical basis.On this basis,the value of its contribution lies in stimulating the beneficiaries to carry on the more active innovation action.For the company to bring strong market competitiveness and to achieve the overall social welfare and so on.The second part describes the main conditions of patent investment,including the qualified investors and the normative funding procedures,in the qualified investors,commissioned inventions and a total of inventions rather special,need to meet certain conditions to be carried out Funded;In the funding process,we should pay attention to assessment,capital verification,publicity,etc.Which is to ensure the effectiveness of the necessary conditions for funding.The third part is the main problem of the patent right.it is whether the patent license can be funded.Through the theory and practice of combing,that the patent license can be funded,but should be limited to exclusive use of the form of permission.The fourth part puts forward some suggestions on the system of patent right investment in China,such as the specific content of capitalization of patent license,the procedure of capitalization and the legal relief system.