专利权出资及其在国有单位适用的特殊性研究

专利权出资是专利权转化的重要方式。在专利权出资中,其会面临可评估性、可转让性以及转让过程中的缴付等问题,现行法律规则的状况是要么规定模糊要么规定缺失,应修正相关法律为其提供相应的解决方案。在国有单位专利权出资中,除存在上述一般性问题外,还因其存在的国有资产属性而应构建相应的特殊规则,以更好地平衡国有单位专利权转化与国有资产保值增值的关系。

Patent Right Capital Contribution and the Distinctiveness in Its Application to State-Owned Units

Investment in the form of patent right is an important way to achieve patent commercialization. When patent right is invested as capital contribution, it may face such problems as evaluability, transferability, and payment during the transfer process, however, the relevant existing laws and regulations are either ambiguous or vacant. It is therefore suggested to amend the laws and regulations accordingly, to provide corresponding solutions for the problems. As far as state-owned units concerned, when it comes to investment in the form of patent right, except for the general problems mentioned above, special rules should be constructed to address the state assets attribution, so as to balance the relationship between commercialization of patent right owned by state units and maintenance and appreciation of state assets.