What is the function of patent evaluation?

Patent evaluation is an act of confirming, evaluating and reporting patent rights according to specific purposes, following fair and legal standards and procedures, and using appropriate methods to provide value scales for asset business. Many people will think that it doesn't matter much whether you apply for a patent or not. So, now let Bian Xiao tell you why we need patent evaluation!

As an important intermediate link between patent application and patent industrialization, patent evaluation is an important link to realize the development of intellectual property industrialization. With China's accession to the WTO, joint ventures and cooperation between foreign investors and various industries in China are deepening, and both sides are very concerned about safeguarding their intellectual property rights. The determination of intellectual property value is directly related to the distribution of rights and interests of both parties and the preservation and appreciation of state-owned assets. The evaluation for the purpose of intellectual property change has become an important part of legal assets evaluation. The obligee increasingly hopes to re-examine the future prospect of intellectual property from the perspective of asset evaluation and value determination, and manage and operate its intellectual property to the maximum extent from the perspective of future income, so as to make it play a greater role.

Patent evaluation will effectively establish patent value and provide reference for the application of patent assets. As far as the purpose of patent evaluation is concerned, it is mainly divided into the following categories: enterprise reorganization and merger and pre-joint venture value evaluation; Direct transfer and purchase in intellectual property trade; Obtain capital composition through debt financing; Determine the reasonable utilization rate of intellectual property license; Intellectual property product insurance; Support intellectual property infringement litigation and dispute resolution. At present, the actual appraisal business is mostly legal appraisal matters mainly based on property rights changes.

China's "Partnership Enterprise Law" and "Company Law" also stipulate patent evaluation and its application. Among them, the Partnership Enterprise Law stipulates that partners can contribute capital with intellectual property rights. According to the Company Law, shareholders can use intellectual property rights to make capital contribution and evaluate its price, and the amount of capital contribution with intellectual property assets shall not be higher than 70% of the registered capital of a limited liability company.