Legal analysis: 1. There are two important prerequisites for acquiring shares in patented technology. First, the patent has obtained the patent certificate issued by the State Patent Office, and it is still within the validity period of the patent; Second, the person who shares in the patented technology must be the legal right holder of the patent. 2. The forms of patent technology shares, including patent ownership shares, patent licensing rights shares and patent application rights shares, are also regarded as patent technology shares with a fixed price. The above three ways of capital contribution are legal and feasible, but in practice, there are still some legal obstacles in dealing with some problems, such as the evaluation and pricing of patent exclusive license rights and the completion of capital contribution obligations, so the latter two ways are rarely used in practice. When signing an investment agreement, it is best to define the patented technology as the form of shares. In order to reduce disputes, patent ownership should be the first choice. 3. When taking shares in patented technology, we should also consider defining the contract terms such as the transfer of technical data and rights, the technical training and guidance of the patentee, the attribution of subsequent improvement results and the liability of each party for breach of contract. 4. In order to become a shareholder with patent ownership, the following capital contribution procedures must be completed before the capital contribution is correct. First, we must evaluate the value of the patent. Although there is no uniform standard for the evaluation and pricing of patent ownership, it can be evaluated by professional appraisers according to the technical content, life cycle and life stage of the cycle. Then the patentee goes to the Patent Office to register and announce the transfer of the patent right according to the contract and articles of association for establishing the company, and the industrial and commercial registration authority determines the obligation of the shareholders who contribute the patented technology to complete the investment according to the procedures for the transfer of the patent right. 5, patent shares need to pay special attention to the reliability of patented technology and the timeliness of patent rights. Due to the limitation and negligence of the file keeping of the patent office, it is possible to grant a patent right to a technology that does not have the patent conditions. In addition, there is no substantive examination of utility model patents and design patents, so the law stipulates that any unit or individual can apply for invalidation of patents. Once it is declared invalid, it does not have the property of real right and cannot be used as a technology for shareholding. Therefore, it is very necessary to examine and retrieve the patent before signing the agreement, and stipulate the relationship between shareholders and between shareholders and the company after the patent is declared invalid or the rights are terminated in the contract.
Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Technology Contract Disputes Article 35 A technology transfer contract is a contract in which the parties enter into a joint venture by means of technology shares, but the technology shareholders do not participate in the operation and management of the joint venture, and the joint venture or the joint venture agrees to pay its technology price or use fee in the form of guarantee clauses.