The Patent Right Pledge Financing Of The Legal Risks And Prevention

Since the reform and opening up of China, the economic and society of Chinahave made a considerable progress, but with the changes of international situation anddomestic environment, China’s economic development has encountered significantchallenges.With the mode of development economic must changes today. Constructedan innovative country has been put on the agenda, the future of technology innovationand development will dominate the fate of a nation. The main body of China’sscientific and technological innovation is mainly some small and medium enterpriseswho have independent intellectual property rights.These enterprises is the source forour future scientific and technological innovation. However, SME’s financing andsize restrictions make it difficult to obtain the funds needed for development from thetraditional financing channels,it will seriously restrict the scientific and technologicalinnovation and development of Chinese enterprises in a long period, so companies usepatents to finance must be done. The patent pledge financing is still a new type offinancing in China and has not become a mainstream way of financing, but the hugepotential for development in the foreseeable future, will become one of the importantmeans of financing. Although in recent years under the impetus of the Government inChina, the patent pledge financing has made some progress, the patent pledgefinancing has not yet formed a systematic theory and method of operation, because ofits legal system is imperfect and patents own right features led to the existence ofvarious types of legal risks, and making cautious financial institutions.The numberand proportion of patent pledge financing is still very small. The patent pledgefinancing is the legal system as the subject of a pledge to guarantee the claims toproperty rights in the patent, the patent right as a business property qualitativebehavior. In recent years, China’s patent pledge financing business has developedrapidly, however, the patent pledge financing sources of legal risk points, difficult toidentify difficulties and risk prevention, leading to financial institutions is still notfully prepared for a lot of to carry out this business, resulting in China’s patent pledgefinancing development bottlenecks. Based on the above background, this paper firstly will discusses the patent pledgefinancing specific legal risk category, and then we will discuss some reason causeddifficult patents pledged to finance the legal risk prevention and risk control measuresin-depth exploration and study.We trying to sort out patent pledge and financing.Themain legal sources of risk, and improve patent pledge financing legal risks and controlrecommendations.