Patent right investment or patent use right investment

There are various ways for shareholders to invest in establishing a company, some are capital, some are sites, and some are patent rights. In practice, shareholders have many questions about investment in patent rights. Investment in patent rights or investment in patent use rights? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

Patent right investment or patent use right investment

Contribution of patent rights.

Article 27 of China's "Company Law" stipulates: "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." Article 28 of the Company Law stipulates that the investment in patent rights is determined as follows: “If the investment is made in non-monetary property, the transfer procedures of its property rights shall be handled in accordance with the law.” The author believes that the patent use right, as part of the patent right, can be valued in currency. and can be 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. Therefore, it should be an investment in the right to use the patent.

Objective content of patent rights

1. Invention

Invention refers to a new technical solution proposed for a product, method or improvement thereof. An invention must be a technical solution, the result of the inventor's application and combination of natural laws in a specific technical field, rather than the natural laws themselves. Therefore, scientific discoveries do not fall within the category of inventions. At the same time, inventions are usually intellectual achievements in the field of natural sciences, and achievements in the fields of literature, art and social sciences cannot constitute inventions within the meaning of patent law.

2. Utility model

Utility model refers to the shape, structure or combination of products New technical solutions suitable for practical use. Utility model patents only protect products. The product should be an entity manufactured by industrial methods and occupying a certain space. All related methods (including the use of products) and naturally occurring items that have not been artificially manufactured are not protected objects of utility model patents. The above methods include the manufacturing method of the product, the method of use, the communication method, the processing method, the computer program and the use of the product for specific purposes. For example, a gear manufacturing method, a dust removal method in a workshop, a data processing method, a naturally occurring rain flower stone, etc. cannot obtain utility model patent protection.

(1) Product concept

The shape of the product refers to the shape of the product that can be observed from the outside definite spatial shape. The technical solution proposed for the product shape can be a technical solution proposed for the three-dimensional spatial shape of the product, such as improvements to the cam shape and tool shape; it can also be a technical solution proposed for the two-dimensional shape of the product, For example, improvements to the cross-sectional shape of profiles. For products with no definite shape, such as gaseous, liquid, powdery, or granular substances or materials, their shape cannot be used as the shape feature of a utility model product.

(2) Patent description

The structure of a product refers to the arrangement, organization and mutual relationship of the various components of the product. It can be a mechanical structure or a circuit structure. Mechanical Structure refers to the relative positional relationship, connection relationship and necessary mechanical coordination relationship of the components that make up the product; circuit structure refers to the determined connection relationship between the components that make up the product.

3. Appearance design

Appearance design, also known as industrial product design, refers to the shape, pattern or combination of the product, as well as the color and shape, A new design that is rich in beauty and suitable for industrial application is made by combining patterns.

The carrier of the design must be a product. A product refers to any item produced by industrial methods. Handicrafts, agricultural products, livestock products, and natural objects that cannot be produced repeatedly cannot be used as the carrier of the design. Usually , the color of a product cannot independently constitute a design, unless the color change itself has formed a pattern. The combinations that can constitute a design include: the shape of the product; the pattern of the product; the shape and pattern of the product; the shape and color of the product; The pattern and color of the product; the shape, pattern and color of the product.

Shape refers to the design of the product shape, that is, it refers to the outer contour presented by the movement, change, and combination of points, lines, and surfaces outside the product, that is, the structure, appearance, etc. of the product are designed and manufactured at the same time Result; Pattern refers to the image formed on the surface of the product by the arrangement or combination of any lines, words, symbols, and color blocks.shape. Patterns can be produced by drawing or other means that reflect the designer's pattern design ideas. The pattern of the product should be fixed and visible, and should not be occasional or need to be seen under specific conditions; color refers to the color or combination of colors used on the product, and the true color of the materials used to make the product Not the color of the exterior design.

The above is the relevant knowledge compiled by the editor. If you want to know more related content, you can consult a professional lawyer on the Legal Savior website.

Although there are many disputes over the investment of patent rights, The mainstream is still the investment of patent rights. This is because investment in the right to use patent rights is more in line with my country's legal regulations and is more conducive to protecting the interests of exclusive rights holders. If the situation you are consulting is more complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to have legal consultation.