Analyses Our Patent Pledge System Problems And Perfect

As our country strongly promotes the national policies of independent innovation, we need higher patent technique innovation.To satisfy the demand of developing enterprises' business, our country needs patent develop to industry and convert patent into funds. For helping the patent technique turn to patent technique industry, the enterprises emphasize to adjust industrial structure into innovating and developing patent technique, so our country developed patent right hypothecation to lend money. This is a new kind of margin method that is very important to economy in our country and even in the world. The development of this system will greatly influence the development of the economy in our country.But our traditional margin methods mainly concentrated to the movable property and the real estate to pawn margin. And the traditional margin methods haven't already satisfied the demand of business enterprises' development in our country.And as the margin becomes more and more difficult. Today the problem confines the development of the economy in our country. In recent years, the government has set some law and policy of lending money related to the patent right pawn. For example, our country passed (hereinafter referred to as) in 1995.The article 79 firstly definitely stipulated that the patent right can set hypothecation.Later there were some cases about using patent rights pawn to lend money.But the present condition of patent right pawn loan business doesn't fit the early expectation. This has something to do with the patent right pawning system that isn't perfect. At the same time, it is also influenced by the patent right hypothecation characteristic. So this paper divides into three parts to study. The first division mainly analyzes the present situation and the reason of slow development of patent pledge system. The second part mainly researches four problems in patent pledge system:1,The right to apply for a patent is included in patent pledge mark range or not.2,The problem that patent value evaluation system is not perfect and evaluation method is not scientific seriously affected the accuracy of value evaluation in the patent right.3,Patent pledge registration system is not fit our status.4,The right of patent pledge is difficult to achieve.The third part puts forward some proposal solutions to the problems.