According to the company law
Article 84 Where a joint stock limited company is established by offering, the shares subscribed by the promoters shall not be less than 35% of the total shares of the company. However, if there are other provisions in laws and administrative regulations, those provisions shall prevail.
Article 27 Shareholders may 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 can be transferred according to law. However, except for the property that cannot be used as capital contribution as stipulated by laws and administrative regulations.
Non-monetary property as capital contribution shall be evaluated and verified, and its value shall not be overestimated or underestimated. Where there are provisions in laws and administrative regulations on evaluation and pricing, those provisions shall prevail.
Extended data
The following aspects should be paid attention to in the operation of patent technology shareholding:
First, in practice, in the form of patent technology shares, including patent rights and patent implementation rights, the patent application right is also regarded as patent technology shares with a fixed price.
Second, pay attention to the following investment procedures to ensure that the investment is flawless. First, we must evaluate the value of the patent. Then, the patentee will register with the patent office and announce the transfer of the patent right to the invested company according to the contract and articles of association established by the company. The industrial and commercial registration authority will, in accordance with the procedures for the transfer of patent rights, determine that the shareholders who have invested in the patented technology have fulfilled their investment obligations.
Third, pay attention to the patent shares must be the legal right 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 patent shares.
Fourth, 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.
Fifth, the patent shares need to pay special attention to the reliability of patented technology. Undeniably, due to the limitation of the file storage capacity of the patent office and possible negligence in the work, the examiner who examines and approves patents may grant patents to technologies that do not meet the patent requirements. In addition, there is no substantive examination of utility model patents and design patents, so the law stipulates that any unit or individual can file an application for patent invalidation.
Sixth, 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%.
Baidu Encyclopedia-Patent Technology Sharing
Zhejiang government service network-People's Republic of China (PRC) and China company law