Study On The Patent Pledge Legal Issues

With the development of knowledge-based economy, intangible assets are graduallybeing valued by the people, and intellectual property rights play an increasinglyimportant role in the now national economic construction. In this context, the patentpledge system has an important meaning of the times. In the process of China’seconomic development, small and medium-sized enterprises have played an importantstatus. However, the status of the small and medium-sized enterprise access tofinancial resources and its development in the national economy is disproportionate.The problem of financing has become the primary bottleneck restricting thedevelopment of small and medium-sized enterprises. Patent pledge system provides anew financing channel for our small and medium-sized enterprises. At the same time,the system of patent pledge can effectively promote the industrialization of patentedtechnology, expanding the social application of the patented technology andenhancing the independent innovation capability and core competitiveness ofenterprises. It plays an important role in building an innovative country.At present, China’s patent pledge system has been initially established.“PropertyLaw" and "Patent pledge registration procedures” prove effective in the actualoperation, successfully solving the financing problems. However, China’s patentpledge system also has some problems, China’s patent pledge system is still in itsinfancy, there are still some imperfections, to be further improved. The author is basedon some legal issues that exist in this idea to make a preliminary discussion of patentquality right to set some legal issues in order to help improve our system of patentpledge.The first part defined the concept of the patent pledge and introduced patent pledgeand security interest in the common, in order to contrast patent pledge and chattelmortgage. It also details the characteristics of patent pledge.The second part introduced practical needs of China’s patent pledge at first, andanalyzed the problems of China’s patent pledge system in the actual operation level.And then it introduced China’s patent pledge institutional legislative level from threedimensions, including "Property Law","patent pledge registration" and local"management approach". Finally it stressed the need for patent pledge.The third part discussed the follow details: the subject, object and content of the patent pledge, the scope of the claims of the patent rights guaranteed by the pledgeand repeated pledge. Then the third part discussed the instruction of patent pledgesystem in the perspective of protection of the pledge.The fourth part introduced China’s existing three patent pledge financing model andassess. the risks. And then it focused on the U.S. patent pledge mode. Finally itContrast the difference and the pros and cons between the two modes, absorbing theadvanced experience of the United State modes.The fifth part of the recommendations put forward a sound system of China’s patentpledge. First, the legislative patent pledge subject, object, and rights and obligationsshould be clear. Second, learn from the U.S. patent pledge mode to improve riskdiversification mechanisms of China’s patent pledge system.