Research On The Risk Of Pledge Loan Of Patent Right

In the traditional bank loan mode, it's difficult for high-tech enterprises to finance just because they lack of estate for mortgage which becomes the important factor to restrict enterprises'development. Compared to traditional bank loan mode, in the bank's side, pledge loan of patent right which fit for these high-tech enterprises has some risks: firstly, patent right is difficult to evaluate and the value fluctuates easily; secondly, the credit risk of finance enterprises is hard to ascertain completely; thirdly, the bank can't exert pledge right of patent in time so that the risks can't disperse. Consider to the reasons above, the bank take some measures when they develop pledge loan of patent right, such as reduce the amount of pledge right of patent, take the patent right and estate together for pledge. Although the measures reduce the risk, they restrict the natural development of pledge loan of patent right. The foreign and domestic academic research and actual practice are introduced firstly in this paper. In the side of academic research, the limitation of jurisprudence and methodology of pledge right of patent is analyzed; in the side of actual practice, it points out the foreign experience which deserve use for reference, at the same time it analyzes the limitation of domestic actual practice and points out the three key risks of pledge right of patent, which are risk of patent value, risk of enterprises credit and risk of exertion of pledge right of patent. Then the paper stands the point of the chain of pledge loan of patent right, and through the main bodies of the chain, such as the government, the bank, the enterprise and so on, for the purpose of reducing the risk of patent value, to put forward the standard of patent evaluation from the two aspects of factor that infects the patent value and measure that evaluate patent; for the purpose of reducing the risk of enterprise credit to put forward comprehensive standard and the suggest importing the third party integrated evaluation for patent and enterprise credit; for the purpose of reducing the risk of exertion of pledge right of patent, on the one hand through enterprise alliance for pledge and cooperative system of main bodies to share the risk, on the other hand through foundation of technological bank and innovation of bank loan mode to serve the high-tech enterprises specially about pledge loan of patent right.