Is it necessary to transfer the patent ownership when the patented technology shares?
I believe many patentees will have questions, if the patented technology shares, do they need to transfer the patent ownership? Patent disputes emerge one after another. After many patented technologies become shareholders, the ownership of related patents has indeed become the focus of disputes between patentees and investors. These problems are related to whether patents can become the focus of technical projects. Patented technology shares refer to the combination of patented technology achievements as property and other forms of property (such as currency, physical objects, land use rights, etc.). ) the form of capital contribution; That is to say, the means of buying shares and financing are not only money, real estate, mortgaged goods, but also technology, specifically patents, but only if the patented technology can bring market value to the enterprise or it has its own value certificate. Is it necessary to transfer the patent ownership when the patented technology shares? First, the value of the patent should be evaluated, and then the patentee should go through the registration and announcement procedures for the transfer of the patent right to the invested company in accordance with the contract and articles of association for establishing the company. The industrial and commercial registration authority shall, by virtue of the procedures for the transfer of the patent right, determine that the shareholders who have contributed the patented technology shall fulfill their capital contribution obligations. Second, pay attention to the patent shares must be the legal holder of the patent. Moreover, in China's laws, there are regulations on the subjects who can make equity investment, and there are certain restrictions on whether state-owned enterprises, legal persons or individuals with internal functional institutions can make shares in patented technology. Third, when using patented technology to buy shares, we should also pay attention to the transfer of technical information and rights; Technical training and guidance of patent shareholders; Ownership of subsequent improvement results and liabilities of all parties for breach of contract. Fourth, patent shares should pay special attention to the reliability of patented technology. Any unit or individual may file an application for invalidation of a patent. 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 conduct necessary examination and retrieval of patents and stipulate in the contract the treatment method after invalidation. Fifth, there is another issue that needs special emphasis, that is, the corporate governance involved after the shareholding. China's original "Company Law" stipulated that the contribution of intangible assets should not exceed 20% of the registered capital, but if it is recognized as a high-tech enterprise, the contribution ratio of intangible assets can be increased to 35%.