How to reduce the potential risks in the process of patent purchase?

China's law does not stipulate that the maturity of technology is the premise of patent transfer, so it often happens that immature technology is transferred as mature technology and non-patented products are transferred as patented products. There is also the transfer of technological achievements that are still in the experimental stage as finished products, so that the transferee can bear higher costs to continue trial production, improvement, perfection and molding, which is often not worth the candle. In order to obtain more benefits, some transferors will conceal the fact that their technology has been transferred, or even transfer the technology that has been agreed not to be transferred again, causing economic losses to the transferee or making it impossible for the transferee to realize its expected economic benefits. In addition, there are cases where the technology transferee illegally transfers the technology to a third party, which not only damages the economic interests of the third party, but also infringes on the interests of the technology transferor, which constitutes a direct breach of contract, such as the recent case of Philips infringing the patent of China enterprise socket. Therefore, in patent transfer, investment enterprises need to deeply understand the authenticity, reliability and market value of patented technology. Before signing the contract, the enterprise can identify the feasibility of patented technology through relevant departments or technicians, and can refer to the judgment of technology maturity through technical evaluation; It is necessary to investigate the latest ownership of patented technology in many ways, rather than listening to one side. The most important thing is that in the conclusion of a technology contract, the responsibilities and obligations of various possible results should be explained in detail to avoid unnecessary losses. After determining a mature patented technology, enterprises can also avoid possible risks by choosing the way of patent technology transfer. 1, technology transfer. Technology transfer can be divided into exclusive buyout, exclusive license and general transfer. Generally speaking, investment enterprises will consider the cooperation mode of technology transfer according to the technical strength of enterprises, the difficulty of technology itself, technology upgrading and other factors. Because exclusive buyout and exclusive authorization have great financial pressure on small and medium-sized enterprises, it is best for enterprises with small strength to evaluate the market scope they can cover and determine the transfer method that suits them according to their own strength. If ordinary transfer is selected, enterprises should limit the number of technology transfer companies and transfer areas in the transfer contract in order to avoid the competition situation that may be caused by multiple transfers, so as to minimize market risks. Patented technologies generally have certain potential for redevelopment. If the technology holder upgrades the technology through research and development after the technology transaction, and then transfers the upgraded technology again (often not restricted by the original transfer contract), it will bring serious threats to the enterprises that invested earlier. Therefore, investment enterprises should restrict this in technology transfer contracts, such as preemptive right. 2. technology stocks. The cooperation mode for investment enterprises to choose technology shares is usually based on the comprehensive consideration of the complexity and high-tech requirements of the project technology, the enterprise's own digestion ability, the enterprise's funds, the transferor's resource advantages and other factors. Compared with the first method, the form of technology shareholding is favored by small and medium-sized investment enterprises because of its low risk. Under normal circumstances, due to the intervention of the technical side, the cooperation between the two parties is likely to have friction due to different ideas, which will affect the normal progress of the project. Therefore, before cooperation, it is necessary to clarify the responsibilities and obligations of both parties. In addition, many patent projects suitable for technology shareholding are high-tech, and enterprises can declare projects according to relevant national support policies and obtain support funds to reduce the financial pressure on enterprises. 3. Sales share. Sales commission is a cooperative way that investment enterprises can return (technology admission fee) moderately or not at all before obtaining economic benefits, which is beneficial to investment enterprises. In this case, market risk is the biggest risk faced by investment enterprises.