Intellectual property investment refers to an investment method in which the intellectual property right holder evaluates the exclusive right or use right of intellectual property that can be transferred according to law, invests in the target company, and obtains the shareholder qualification. Can patent rights be converted into share capital? According to the Company Law and the Law on Sino-foreign Joint Ventures, the investment scope of intellectual property rights is industrial property rights and non-patented technology (also known as proprietary technology). In China, industrial property rights include patent rights and trademark rights. Therefore, it should be noted that the subject matter funded by intellectual property rights does not include copyright. In addition, the laws of foreign-invested enterprises also require that the industrial property rights or know-how invested by foreign investors must meet one of the following conditions: (1) It can produce new products urgently needed in China or export marketable products; (2) It can significantly improve the performance and quality of existing products and improve production efficiency; (3) can significantly save raw materials, fuel and power.
Legal objectivity:
Article 6 of the Patent Law of People's Republic of China (PRC) refers to a service invention-creation made by performing the tasks of the entity or mainly using the material and technical conditions of the entity. The right to apply for a patent for a service invention-creation belongs to the unit; After the application is approved, the entity shall be the patentee. The right to apply for a patent for a non-service invention-creation belongs to the inventor or designer; After the application is approved, the inventor or designer shall be the patentee. Where an invention-creation completed by making use of the material and technical conditions of the entity has a contract with the inventor or designer to stipulate the right to apply for a patent and the ownership of the patent, such agreement shall prevail.