Research On The Legal Risk Of Patent Investment And Its Prevention

With the continuous expansion of China’s economic development scale,non-monetary investment methods such as patents have been adopted by more and more enterprises,but the resulting legal risks are also increasing in practice,which provides a realistic demand for the study of the legal risks of patent investment in this paper.At present,the number of patent dispute cases is increasing year by year,and it is of great significance to put forward preventive measures to reduce or avoid the legal risk of patent capital contribution,which can be better applied to the market economy.Based on the above background,this paper takes literature research and case study as research methods to study the legal risks in patent funding.This paper summarizes the types of specific legal risks in actual cases,such as the difficulty in determining the standard for the performance of the investment of the right to use the patent,the possibility of manipulation in the evaluation of the value of the investment in the patent,and the failure to specify the specific patent object in the investment in the patent.It is found that there are many problems in China’s judicial practice,such as insufficient awareness of the legal risk of patent investment and insufficient prevention.And for different types of patent investment legal risk put forward some corresponding preventive measures,such as to the value of dynamic assessment,patent rights of shareholders and the company’s trading information disclosure,build system of patent investment value insurance and strictly perform their statutory assessment procedures and requirements,to establish patent investment early warning mechanism,etc.This will provide reference for the improvement of the legal system of patent capital contribution and the solution of the problems related to the legal risk of patent capital contribution.