Patent Submission Contract as a Share in the Company Comparative Study

Saad, Roshna Akram

doi:10.37651/aujlps.2025.160773.1532

	Patent Submission Contract as a Share in the Company Comparative Study
Journal of Anbar University for Law and Political Sciences
Article 29, Volume 16, Issue: 1, March 2026, Pages 875-907 PDF (977.09 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2025.160773.1532
Author
Roshna Akram Saad^*
Law College Salahaddin University-Erbil
Abstract
It is permissible to join a company by providing cash or in-kind funds, which constitute the company’s capital, which is in turn divided into shares of varying value or different nature. It does not matter if the funds provided are movable or immovable property, or tangible or intangible property. In light of this, the patent is considered as an intangible asset, part of which has a material value, It can be offered as a share of the commercial company, especially in a company that relies on technological means that require invention, and then transferring the patent to the company’s capital through a contract concluded between the patent owner and the company. If presents it as a share in the company’s capital by way of ownership, then the provisions of the sale contract apply to that, and the ownership of the patent is transferred, and it is not returned to its owner after the filtering of the company, and the inventor retains only his moral right. However, if he presents it as a share in the company by way of use, even if it is not considered a lease exactly, it is similar to a lease, then in this case the provisions of the lease apply, and its owner has the right to return it upon the dissolution of the company, so the company has the right to exploit the patent without owning it, provided that the owner of the patent retains ownership of it.
Keywords
patent; transfer of ownership; transfer of use; expiration of the patent application contract

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