| The establishment and development of the patent pledge loan system provides small and medium-sized enterprises (SMEs), in particular those high-technique with a new way for financing, which can solve the financing problem in some extent. Meanwhile, the patent pledge loan system can effectively promote the industrialization of patents, and hence plays an important role in the process of implementation of intellectual property strategy and building an innovation-oriented country in China. This article has tried best to do some research on China's patent ledge loan system, hoping that it can be helpful to develop and improve the said system in China.First of all, this article introduces China's patent pledge system, which lays a basis for discussing China's patent ledge loan system later. Then in the second part, the article starts to discuss the status of China's patent pledge loan system from three aspects:the background and significance of establishing this system, and it's relevant laws, regulations and policies, as well as the practical situation of the system in China. The article believes that the said system has an important significance on financing of SMEs, industrialization of patents and so on, it has already played a role in the exploratory practices. Through the summary and analysis of "Patent Pledge Loan Management Approach (Guiding)" and its experimental work, it discusses in seven aspects:the conditions and qualification for the borrowers and setting up patents, the mode, lending procedures and risk management of the patent pledge loan system, as well as the role of government and intermediary institutions in the patent pledge loan system, and hence to have a comprehensive understanding of the practical situations of China's patent pledge loan system. In the third section, this paper elaborates three main issues in China's patent pledge loan system, namely, the legal validity of patents, valuation issues, and the flow and liquidity problems. This article considers these three issues are the top risks in China's patent pledge loan system, that are legal risk, valuation risk and liquidity risk.Thus,in order to promote the patent pledge loan system in China, it needs to take some measures to reduce the risks. Finally, this article makes some recommendations on improvement of China's patent pledge loan system, which mainly includes five areas:improving relevant legal system and provisions, establishing and improving a mechanism of legal validity examination for patents, improving valuation system for patents as well as the patent trading market, and establishing a sound social credit system. |
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