I. Patent Evaluation
Patent evaluation is the first step in the operation of paid-in capital of patent shares. The purpose of the evaluation is to determine the value of the patent right, which can be used as the basis for the shareholding. When evaluating the patent right, we need to comprehensively consider the technical content, market prospect, legal status, scope of protection and other factors of the patent in order to obtain fair and reasonable value. The evaluation process is generally carried out by professional evaluation institutions or experts to ensure the accuracy and authority of the evaluation results.
Second, sign a shareholding agreement.
After the patent evaluation is completed, both parties need to sign a shareholding agreement to clarify the specific terms of the patent shareholding. The shareholding agreement shall include the value of the patent right, shareholding ratio, shareholders' rights and interests, profit distribution, risk taking and so on. The signing of the agreement should follow the principles of fairness, justice, honesty and credibility to ensure that the rights and interests of both parties are fully protected.
Three. Confirmation of paid-in capital
After the shareholding agreement is signed, the company needs to confirm the paid-in capital. Paid-in capital refers to the amount of shareholders' contributions actually received by the company, including monetary contributions and non-monetary contributions (such as patent rights). The company shall, in accordance with the value of the patent right agreed in the shareholding agreement, include the patent right as a non-monetary contribution into the paid-in capital. At the same time, the company needs to complete the capital verification and registration procedures of paid-in capital in accordance with the requirements of relevant laws and regulations to ensure the legitimacy and effectiveness of paid-in capital.
Four. Subsequent management and risk control
After the patent shares, the company needs to strengthen the management and protection of patent rights to ensure the stable operation and continuous appreciation of patent rights. At the same time, the company also needs to pay attention to market risk, technical risk, legal risk and other factors, and take corresponding measures to control and prevent risks.
To sum up:
The operation of paid-in capital of patent shares involves patent evaluation, signing a shareholding agreement and confirming paid-in capital. In the process of operation, we should follow the principles of fairness, justice, honesty and credibility to ensure that the rights and interests of both parties are fully guaranteed. At the same time, the company also needs to strengthen follow-up management and risk control to ensure the stable operation of patent rights and the company's sustainable development.
Legal basis:
Company Law of the People's Republic of China
Article 27 provides that:
Shareholders can make capital contributions in currency, or in kind, intellectual property rights, land use rights and other non-monetary properties that can be valued in currency and 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.
patent law of the people's republic of china
Article 10 stipulates:
The right to apply for a patent and the patent right can be transferred.
Where a unit or individual in China transfers the right to apply for a patent or the patent right to a foreigner, foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of relevant laws and administrative regulations.
Where the right to apply for a patent or the patent right is transferred, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of the right to apply for a patent or the patent right shall take effect from the date of registration.