The new Company Law, which came into effect on June 5438+1 October1,2006, stipulates that shareholders can contribute their capital in kind, intellectual property rights, land use rights and other non-monetary properties. , can be valued in money, can be transferred according to law, patent rights belong to a kind of intellectual property rights, and patent technology shares are a form explicitly affirmed by law. Patented technology shares, refers to the patented technology as property pricing, in the form of investment shares and other forms of property (such as currency, physical objects, land use rights, etc.) shares. ) Joint establishment of a limited liability company or a joint stock limited company according to legal procedures.
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.
The forms of patent technology shares, including patent ownership shares, patent licensing 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.
2. Patents are transferable.
Transfer type:
1. Transfer: The enterprise obtains your patent in the form of buyout. After the contract is signed, you and other enterprises can no longer use the patented technology.
2. State monopoly: Only one enterprise in China can use your patented technology, but you can't use it at home.
3. Regional monopoly: Only this enterprise that has signed an agreement with you can use your patented technology in the designated area, including production and sales.
4. Exclusive license: The enterprise that signed with you can use your patented technology, or you can use it yourself.
5. General license: This involves the entry fee, that is, you are given a sum of money first, and then you can get a commission from the profits generated after the patent is converted into productivity. The specific amount is agreed in the agreement. The general license does not limit the number of companies that sign contracts with you.
In short, you need to register with the patent office after signing the contract, no matter how you permit it.
As for the price of the patent, it's up to you, because it's a monopoly, of course it's up to you, but you'd better consider that after buying your patent, the buyer will have to modify your patent specification according to his own production situation, and there will be later investment, so the cost is very high, so it's better not to move, so it's a million-dollar bid.