企业IPO中的涉高校专利法律问题研究

Research on the Legal Issues of Universities’Patent Involved in Enterprise Initial Public Offering

随着科技兴国、创新发展战略的持续推进,拟上市的科技型企业众多,但由于这类企业所拥有的专利大多涉及从高校受让或与其存在委托、合作关系,因此,在监管机构问询中暴露出针对企业技术独立性以及竞争优势是否稳定等问题。本文通过分析实际案例中的问询重点,剖析涉及高校专利权的性质及其权属,分别对不同权属下的专利权情况提出拟上市公司合规建议,供实践参考。

With the continuous implementation of the strategy of invigorating the country through science and technology,as well as the innovation-driven development strategy,there are many science and technology enterprises to be listed.However,because the patent rights of these enterprises are assigned from universities or colleges,or are entrusted or cooperated with universities or colleges,many problems such as the technical independence of these enterprises and the stability of their competitive advantages are exposed during the inquiries from the regulatory authorities.This article,by analyzing the key points of the inquiries in the actual cases,analyzes the nature and ownership of the patents of the universities,and provides the compliance suggestions for companies to be listed according to the situations of patent rights under different ownerships for future reference.