Can the right to use patents be invested?
my country's "Company Law", "Partnership Law" and 3 foreign investment laws It is clarified that shareholders (partners) can contribute capital using intellectual property (or technology). However, the legal language is unclear as to whether investment can only be made with complete "intellectual property rights", that is, ownership rights, or partial rights of "intellectual property rights", such as usage rights, can also be used.
Some people have proposed that investment can only be made with the ownership of intellectual property rights, some people have proposed that investment can be made with the right to use intellectual property rights, and some people have proposed that investment with the right to use intellectual property can only be used under an exclusive license. right. The author believes that the investment for use rights should be legal and the method is not limited.
Article 27 of my country's "Company Law" stipulates: "Shareholders may contribute capital in currency, or they may use physical objects, intellectual property rights, land use rights, etc., which may be valued in currency and Non-monetary property that can be transferred in accordance with the law shall be used as capital contribution; however, the property shall not be used as capital contribution according to laws and administrative regulations." Article 28 of the "Company Law" determines the investment in patent rights as follows: "If the investment is made in non-monetary property, it shall be Handle the transfer procedures of its property rights in accordance with the law." The author believes that the right to use patents, as part of the patent rights, can be valued in currency and transferred in accordance with the law. Although the value of patent usage rights is lower than the value of intellectual property ownership, it can be used as capital contribution to establish a company unless explicitly prohibited by law.
What issues should we pay attention to when transferring patents
1. Avoid blindly expanding the value of patents - for the transfer of patent rights The bottom bid should be based on the principle of being able to close the deal, otherwise the cooperation is likely to fail.
2. Avoid seeking speed - patent transfer is a legal process. It is recommended that you entrust relevant industry insiders (such as lawyers) to conduct relevant manipulations. Do not sign casually by yourself. contract.
3. Cooperation should be given top priority - the purpose of patent development is not only to affirm oneself, but more importantly, to benefit and contribute to society and life. , a product with certain technical content and market capacityPatented technology can only be technology before it is transformed into productivity. Therefore, realizing industrialization is the highest standard that benefits society and mankind. To some extent, it is also necessary to make appropriate concessions and lower some standards. After all, cooperation requires sincerity from both parties.
4. Keep relevant records - Keep records of the transfer process as much as possible, which is very important for subsequent questions and income distribution; before the transfer, Do not easily conduct operations such as value evaluation, especially do not easily conduct such operations based on the requirements of the other party. If you really need to conduct an evaluation, try to clarify the principles and proportions of the evaluation fees to avoid being deceived; do not complete the transfer procedures before fully completing the transfer procedures. Easily deliver technical data and relevant drawings and other specific information; the above are the most basic issues that must be paid attention to during the patent transfer process. Finally, China Patent Online wishes you a successful patent transfer.
When a patent right is shared by two or more patentees, if one party transfers only its patent right, the other party may have priority in transferring its share.
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