1. Intellectual property rights can be used as the price to purchase shares.
The new "Company Law" implemented on January 1, 2006 stipulates that shareholders can use physical objects, intellectual property rights, land use rights, etc. Non-monetary property that can be valued in currency and transferred in accordance with the law is used as a price and contribution. Patent rights are a type of intellectual property rights, and investing in patented technology is a form clearly recognized by law. Patented technology shareholding refers to using patented technology as property value, combining it with other forms of property (such as currency, physical objects, land use rights, etc.) in the form of capital contribution to form a limited liability company or joint-stock company in accordance with legal procedures. A business behavior.
There are two important prerequisites for investing in shares with patented technology. First, the patent has obtained a patent certificate issued by the National Patent Office and is still within the validity period of the patent; secondly, those who invest in patented technology must Is the legal right holder of the patent?
The forms of shares in patented technology include shares based on patent ownership, shares based on patent implementation licensing rights, and the right to apply for patents is also considered as a shareholding for patented technology. The above three forms of investment are all legal and feasible. However, in practice, there are still certain legal obstacles in dealing with some issues for those who invest in shares in the latter two ways. For example, the evaluation and pricing of exclusive license rights for patents are not available in practice. It is easy to determine and the completion of investment obligations is not easy to determine. Therefore, in practice, the latter two methods of investing in shares are rarely used. When signing an investment agreement, it is best to specify the form of investment in patented technology. In order to reduce disputes, the first priority is to invest in shares through patent ownership.
2. Patents can be transferred.
Transfer type:
1. Transfer: The company obtains your patent in the form of a buyout. After signing the contract, neither you nor other companies can use the patented technology
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2. National exclusivity: Only this one company can use your patented technology nationwide, and you cannot use it domestically
3. Regional exclusivity: Only this one company has signed a contract with you The companies in the agreement can use your patented technology in the designated area, including production and sales.
4. Exclusive license: The company that signed the contract with you can use your patented technology, and you can also use it yourself. .
5. Ordinary license: This involves an entry fee, which means you will be given a sum of money first, and then you can also get a commission from the profits generated after the patent is converted into productivity. The specific amount is stipulated in the agreement. . Ordinary licensing does not limit the number of companies that can sign a contract with you.
In short, no matter how you license, you need to register with the Patent Office after signing the contract.
As for the price of the patent, it is up to you, because it is a monopoly thing. Of course, it is up to you to decide, but you'd better consider that the buyer will buy your patent. In the end, you need to modify your patent specification according to the law according to your own production conditions, and there is still a later investment, and the cost is also very large, so it is better not to change the price of millions.