Patent Funded Legal Issues To Explore

The 21st century is the era of knowledge economy, intellectual property rights become more and more important, patent, one of the most important types of intellectual property, increased the proportion in the assets of company gradually. So to look into the Legal Problems of the patent capital is necessary and urgent. From a legal theory or system point of view, patent capital funded related to eligibility, the ratio of patent capital investment, evaluation and investment risk and prevention and so on. In this paper, the entry point is patent investment, base point is present regulations, comparative studies, value analysis, legal interpretation and other methods contributes to the systematic analysis. In this paper, the structure is divided into four chapters, each chapter of the main elements are:The first chapter, "Overview of patent capital theory."Including the meaning and characteristics of the patent and funding eligibility. Analyze the characteristics and causes from the dynamic point of view in the patent capital investment process. The Issues of eligibility is essentially to answer whether a specific type of patent adapt to the conditions. Corporation Law is a group law, whether the kind of patent can protect the investment of all stakeholders'interests should be taken into account in the study of funded eligibility. This chapter analyze the feasibility of usufruct of patent based on the eligibility of property investment, and consider that investment in terms of usufruct of patent is feasible seeing from the current law or eligibility.The second chapter, "The proportion of patent capital investment." Few Western countries regulate the proportion of patent capital. But the cautious legislation on the funding of the ratio can be seen from the relevant provisions in our countries. This is partly result in our scientific and technological contribute to the economy at a low level. The reason is that to protect the interests of creditors. But both the theory and practice have shown the company's capital is not well serve the function of security, but will increase the company's financing costs, hinder the technology become into productivity. Therefore, legislation should consider relax the limit generally on the proportion of patent capital investment.The third chapter, "Patent funded assessment." In order to protect the interests of minor shareholders and creditors, the assessment of patent's value before funding is necessary. This chapter describes specific model of the assessment in the Western developed countries, and point that the characteristics and background of assessment in Western countries may not be entirely applicable to our country. Also pointed out that in the process of patent evaluation, there is a series legal factors which may affect the patent valuation must be taken seriously by both party of the assessment.The fourth Chapter, "Risk and prevention of patent investment." There are many risks, the reasons leading to such risks may come from the patent itself, may come from the external market, and also may be legal defects of funding conduct. This chapter analyzes the risk of patent capital and the reasons which may exist, design how to guard against these risks, and put forward that both parties should strengthen preventive measures in advance and improve the relevant system construction.