Some people suggest that investment can only be made by the ownership of intellectual property rights, others suggest that investment by the right to use intellectual property rights is limited to exclusive licensing rights. The author thinks that the contribution of the right to use should be justified, and the way is not limited.
Article 27 of China's Company Law stipulates: "Shareholders can make capital contributions in cash, or in kind, intellectual property rights, land use rights and other non-monetary properties that can be valued in money and transferred according to law; However, except for property that cannot be used as capital contribution according to laws and administrative regulations. " Article 28 of the Company Law recognizes the contribution of patent rights as: "If the contribution is made with non-monetary property, the transfer procedures of its property rights shall be handled according to law." As a part of the patent right, the right to use the patent can be valued in money and can be transferred according to law. Although the value of patent use right is lower than the value of intellectual property ownership, it can be used as capital contribution to set up a company without explicit prohibition by law.