Research On Legal System Of Patent Pledge

Patent pledge as a new way of financing can solve the problem of SME financing and promote the industrialization of scientific and technological achievements. It will play an important role. However, due to the development of our country’s patent pledge is not long, patent pledge legal system is not perfect, its theory is not enough in-depth research, and lack operational experience, the value assessment of patents is also a problem, the development of the patent pledge has been hampered, and also the development of China’s independent innovation industry is restricted.This paper is divided into four parts of the legal system for patent pledge research. The first part is to analyze patent pledge of basic theory, including the theory of patents, rights of pledge and patent pledge. The second part describes the experience of foreign patent pledge system. The third part research the status quo of China’s patent pledge, and legal problems raised:China’s law does not clearly define patent application rights whether are the subject of patent pledge; registration and establishment of patent pledge law have defect; the restriction of the transfer of patent rights and licenses qualitative implementation of the law is unreasonable; the value assessment of patents is difficult. The fourth part provides a solution to the main legal issues of patent pledge:the patent application rights can be pledged; improve the patent registration; relax funded patent transfer and licensing restrictions imposed; improve patent value assessment system; establish creditor risk-sharing mechanism.