1. Whether the right to apply for a patent can be used for investment
The right to apply for a patent is general It is not possible to contribute capital directly
Article 27 of China's "Company Law" stipulates: "Shareholders can contribute capital in currency, or in kind, intellectual property rights, land use rights Other non-monetary properties that can be valued in currency and can be transferred in accordance with the law are used as capital contributions; however, properties that cannot be used as capital contributions according to laws and administrative regulations are excepted."
"Company" Article 28 of the Law of the People's Republic of China determines the investment in patent rights as follows: "If the investment is made with non-monetary property, the transfer procedures for its property rights shall be handled in accordance with the law." As part of the patent right, the right to use the patent can be valued in currency and can be transferred in accordance with the law. of. 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.
2. What is the difference between the transfer of patent rights and patent application rights
The difference between the transfer of patent rights and patent application rights mainly lies in the following points:
1. The owner of both rights is usually the inventor (sometimes the patent right may not necessarily be the inventor), and the object of the other two transfers is a right.
2. The essential difference between the transfer of patent rights and the transfer of patent application rights mainly lies in:
(1) The subject of the contract in the transfer of patent rights is the patent right, while the subject of the contract for the transfer of patent application rights is the patent application right;
(2) Patent The transfer of rights occurs after the patent is granted, and the transferor is the patentee, while the transfer of patent application rights occursBefore the patent is granted, the assignor is the patent applicant.
The editor of Legal Savior Network answered this question as above. Our country’s law stipulates that shareholders can invest in currency, or in kind, intellectual property, or land use. Rights and other non-monetary properties that can be valued in currency and transferred in accordance with the law are used as valuation and investment. Therefore, patent application rights generally cannot be directly invested. The specific regulations are as above. Welcome to Legal Savior Network for legal consultation.
