1. Whether the patent application right can be invested
There are many ways for shareholders to contribute capital , in addition to monetary investment, there are also patent investments, land use rights investments, etc. Patent investment is investment for patent rights, and patent application rights cannot be invested.
"Company Law of the People's Republic of China"
Article 27 [Method of Capital Contribution] Shareholders may make monetary contributions, or they may make capital contributions in kind, intellectual property rights, land use rights and other non-monetary properties that can be valued in currency and transferred in accordance with the law; however, properties that are not allowed to be used as capital contributions according to laws and administrative regulations are excluded.
Non-monetary property used as capital contribution shall be evaluated and valued, and the property shall be verified, and shall not be overvalued or undervalued. If laws and administrative regulations have provisions on valuation and valuation, those provisions shall prevail.
Article 28 [Capital Contribution Obligations] Shareholders shall pay in full and on time the amount of capital contribution stipulated in the company's articles of association. If a shareholder contributes capital in currency, the full amount of the monetary contribution shall be deposited into the limited liability company's bank account; if the shareholder contributes capital in non-monetary property, the transfer procedures for its property rights shall be completed in accordance with the law.
If a shareholder fails to pay capital contributions in accordance with the provisions of the preceding paragraph, in addition to paying the company in full, he shall also bear liability for breach of contract to shareholders who have paid capital contributions in full on time. .
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.profit.
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 occurs before the patent is granted, and the transferor is the patent applicant.
Through the above analysis, we know that according to the provisions of the "Company Law", shareholders can contribute capital in currency, or they can also contribute capital in kind, intellectual property and other property. If you invest in a patent, you need patent rights, and the right to apply for a patent is not a patent right, so the right to apply for a patent cannot be invested. If you need legal help, readers can go to the Legal Savior Network for consultation.
