What to do if a company cancels its patent

The treatment of a company canceling a patent is as follows: after the company is canceled, it needs to be liquidated first. The patent, as the company's property, will first be used for this liquidation. After the liquidation is completed, if the patent still exists, it can be inherited by the company's shareholders. accept or transfer it.

Legal Basis

Article 186 of the "Company Law of the People's Republic of China"

The liquidation team is cleaning up the company's property and preparing assets After preparing the liability sheet and property list, a liquidation plan should be formulated and submitted to the shareholders' meeting, general meeting of shareholders or the people's court for confirmation.

The remaining property of the company after paying liquidation expenses, employee wages, social insurance fees and statutory compensation, paying taxes owed, and paying off the company's debts, shall be distributed by the limited liability company according to the proportion of the shareholders' capital contributions. , a joint-stock company distributes shares according to the proportion of shares held by shareholders.

During liquidation, the company continues to exist, but it is not allowed to carry out business activities unrelated to liquidation. The company's property shall not be distributed to shareholders before it is paid off in accordance with the provisions of the preceding paragraph.