Research On Legal Issues In The Process Of Patent Capitalizatio

The stability of patent rights is a key factor that is paid attention to when patent rights to enter the capital market.The characteristics of patents and the legal system of patent rights to determine that the stability of patent rights is not a parameter that can be determined at the time of authorization.However.the existing intangible asset valuation algorithms do not take into account the stability factors of patent rights.and the legal system affects the stability of patent rights.Insufficient attention to legal issues has objectively affected the advancement of patent capitalization.The capitalization of patent rights to involve financial security and requires legal regulation,guidance and relief to alleviate the conflict between the stability of patent rights and patent capitalization.and effectively promote the development of patent capitalization.Patent capitalization is an interdisciplinary field involving intellectual property(patents).Economics(asset evaluation).And law.In order to study the relationship between patent capitalization and patent right stability,this paper first analyzes the related concepts of patent right stability and capitalization,compares the stability differences between different rights,and analyzes the characteristics of patent right stability.Based on the analysis of the factors that affect the stability of patent rights,select the technical indicators that affect the stability of patent rights,and distinguish the different stages of patent rights by birth to termination,and analyze the factors affecting the stability of patent rights and the relationship between the capitalization of patent rights relationship between.By evaluating the stability of patent rights as a dynamic process,it not only pays attention to the factors that affect the stability of patent rights during granting,but also pays attention to the dynamic changes of patent rights stability from the perspective of capitalization,especially the stability of patent rights after being challenged by invalidation sexual differences.The inherent characteristics of the stability of patent rights and the capital market’s preference for the stability of capital value are bound to conflict.The existing legal norms are scattered in different departmental laws,and the risk of patent right stability is not considered enough.Aiming at the existing legal risks,this paper studies the relief paths and legal effects under the existing legal system by means of case analysis.The conclusion is that the relief paths are unclear,insufficient in strength,and lack of legal guidance.By analyzing the reasons for the lack of relief effect,it is believed that the existing legal system and judicial practice overly rely on the static evaluation results of the patent right value,and the re-evaluation of the patent right value is improperly restricted,and the legal evaluation of the stability of the patent right is lacking in essence.In order to alleviate the conflict between the stability of patent rights and patent capitalization,this paper discusses the understanding and application of relevant important laws and regulations.At the same time,on the basis of comparing the investment system of intellectual property rights outside the territory and the trend of law revision,specific suggestions are put forward from two aspects: focusing on prior review and focusing on after-act accountability.It is suggested to relax the right to start the re-evaluation of patent rights in terms of procedures,strengthen the institutional supervision of evaluation agencies and securities markets,strengthen information disclosure obligations,and standardize legal responsibilities after patent rights are terminated,so as to help promote the development of patent rights capitalization.