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Truth be told, this has always been a problem that has been a big problem for creatives. It is said that the business plan does not meet the requirements of applying for a patent; When it comes to registered trademarks, business plans and trademarks are not close to each other at all; It is said that the copyright is registered, and the copyright is there, but the copyright law does not protect ideas, technical methods, solutions, etc., and others use them casually without infringing on the copyright of others. Business plan protection, two words, difficult.
However, no matter how difficult it is, we still have to protect it. As for the protection of business plans, there is no specific legal provision so far, and no one has found a very effective method. The basic protection methods are:
First, it is necessary to find a very reputable investor (the best, simple and feasible); Second, when submitting the business plan, collect a certain credit deposit from the investor (good, but there is basically no such concept in China); Third, first of all, only the part that can be disclosed is given, and the confidential part is only provided after the cooperation is negotiated to a certain extent (feasible, but it may make some investors avoid it); Fourth, the trademark registration of some of these valuable symbols and signs is initiated in advance (the Trademark Law stipulates that if two or more applicants for trademark registration apply for registration with the same or similar trademark on the same or similar goods, the trademark that has applied for the prior application shall be preliminarily examined and announced) (it is basically feasible, but it is necessary to foresee the development prospects, and if the foresight is wrong, it may "accompany the wife and break the army"); Fifth, I can't think of it for the time being (worst).
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If you feel that the value of your patent is relatively high, (for example, well above the value of 100,200,000 yuan), 30% of the dry shares here are not worth it, you may need to ask a professional company to evaluate the value of your patent, and then decide the proportion of shares based on the value of the appraisal.
In my personal opinion, this should be comprehensively evaluated according to the prospects of your industry and the superiority of your technology.
But if it is a 1% share of 8,000 yuan, because you are a technical investor, this ** must be on the high side, and the value should be about 5,000 yuan is more reasonable.
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How many hairs are there for that broken certificate? What else can they do if they just scam you out of your money? Let's take a look at the invention specifically, and I'm sure you understand what's going on!
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Legal Spring Key Analysis: First evaluate how much shares the patent investment is worth, and then transfer the shares equal to the patent to the patent owner.
Legal basis: Article 20 of the Company Law of the People's Republic of China Shareholders may make capital contributions in monetary terms, as well as non-monetary assets that can be valued in monetary terms and can be transferred in accordance with the law, such as physical objects, intellectual property rights, land use rights, etc.; However, there is an exception for property that is not allowed to be used as capital contribution as stipulated by laws and administrative regulations.
The non-monetary property that is used as a capital contribution shall be appraised and verified, and shall not be overvalued or undervalued. Where laws and administrative regulations have provisions on appraisal valuation, follow those provisions.
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Legal Analysis: Assess how much the patent investment is worth and then transfer the shares equivalent to the patent** to the patent owner.
Legal basis: Company Law of the People's Republic of China Article 27 Shareholders can make false arguments that they can make capital contributions in money, or they can use non-monetary assets that can be valued in monetary terms, such as physical objects, intellectual property rights, land use rights, etc., and can be transferred in accordance with the Huaiye Law. However, there is an exception for property that is not allowed to be used as capital contribution as stipulated by laws and administrative regulations.
The non-monetary property used as capital contribution shall be appraised and verified, and the property shall not be overvalued or undervalued. Where laws and administrative regulations have provisions on appraisal valuation, follow those provisions.
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Summary. Hello, I am glad to answer this question for you, how to distribute the benefits of patent use rights shares? A:
Hello, how to distribute the benefits of patent use rights? As follows: when the right to use a patent is shared, the distribution of benefits is usually based on the proportion of shares.
For example, if a company's patent rights are sold for 50% of the shares, the 50% of the proceeds will be distributed to the buyer and the seller in proportion to the shares. Hope it helps.
How to distribute the benefits of the patent right to share?
Hello, I am glad to answer this question for you, how to distribute the benefits of patent use rights shares? Answer: Hello, how to distribute the benefits of the patent use right into shares?
As follows: when the patent right is shared, the distribution of benefits will usually be distributed according to the proportion of shares. For example, if a company's patent rights are sold for 50% of the shares, the 50% of the proceeds will be distributed to the buyer and the seller in proportion to the shares.
Hope it helps.
Extended information: In practice, the distribution of benefits should be carried out in accordance with relevant agreements such as agreements and contracts. Specifically, it was necessary to agree on how to calculate the profits and expenses of the right to use, as the actual profit from the right to use the patent would vary from patent to patent content.
At the same time, there are also issues related to decision-making and management, such as voting rights and the allocation of seats on the board of directors. In addition, it should be noted that if the buyer and seller have any other sales expenses or consulting fees to bear during the process, it will have an impact on the profit distribution. For multiple investors, it is also necessary to consider the different actual shareholding times, quotas and agreements of the investors.
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Relying on negotiation, there are no regulations, and the negotiation of the valuation certificate signed by both parties, or the evaluation of your patent by a qualified intangible asset appraisal agency, must go through the patent transfer procedures.
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The maximum shareholding of the patent right is 70%, and you must negotiate with the management for your patent.
1 Actually, and or, sometimes the examiner thinks it is clear, and sometimes it does not. Many foreign patents are written in this way. >>>More