Research On Patent Legal Risks Of High-tech Enterprises And The Prevention

High-tech enterprises are characterized by high investment,intensive technical talents,high innovation,high returns,and high risks.There are frequent patent activities in operation and development.From the research and development,application,acquisition,and use of patent rights,certain legal risks will be faced,which will easily lead to related patent litigation.Through database search,patent litigation of high-tech enterprises mainly includes four types of disputes: technology contract disputes,patent ownership disputes,patent operation disputes,and patent infringement disputes.The corresponding dispute types reflect the different patent legal risks facing high-tech enterprises.Technology contract disputes mainly reflect general contract risks and specific legal risks;patent rights disputes mainly reflect the risks of high-tech enterprises in the service invention system;and patent operation disputes prevent general contract risks and therefore high-tech enterprises are preventing In terms of patent legal risks,it is necessary to do a good job in improving the content of technical contracts,improving the system design of service inventions,and monitoring infringement.First of all,with the continuous improvement and progress of related policies of Chinese high-tech enterprises,Chinese high-tech enterprises have made rapid development since the 1980 s,and have made great contributions to the development of the national economy and the improvement of national innovation capabilities.Secondly,high-tech enterprises have high investment,intensive technical talents,high innovation,high returns and high risks.Therefore,the legal risks of patents in high-tech enterprises are mainly divided into legal risks in the stage of obtaining patent rights and legal risks in subsequent operation stages.The main risks in the acquisition phase are the risks of technology contracts and the risks of patent ownership.The operation phase is mainly the licensing,transfer and infringement risks of patent rights.Finally,according to the results of high-tech enterprises in patent lawsuits,high-tech enterprises should improve the technical contract agreement in the face of legal risks of patents,track the implementation of contracts in a timely manner,improve the company’s job invention and reward system,attach importance to patent infringement monitoring,and actively Carry out the implementation of the "Enterprise Intellectual Property Management Regulations".