Research Of Patent Securitization System In China

Patent securitization trading as a new financing way, can take small and mediumsized science and technology enterprises which have the patent right out of the plight of financing difficulties.Patent securitization is a special form of asset securitization,and it is also the embodiment of the asset securitization in the field of patent application. The traditional financing means for the borrower’s credit demand is high, Banks reluctant to provide loans to small and medium-sized science and technology enterprises, the reason is that small and medium-sized technology-based enterprises lack enough funds, belong to high risk investment enterprises. Because it is difficult for this kind of enterprises to raise funds, it is difficult to realize the industrialization of patent technology, which hinder the development of high-tech industry in our country. Representatives of the patent assets securitisation financing means to promote the development of the industrialization of patent system. Although this system has long been established in foreign countries and has been through a lot of practice, but it still has not been implemented in our country, the reason for this is that patent system of asset securitization in our country is still in its infancy, the corresponding system such as the operation of the patent asset securities system, tax system, supervision system and other auxiliary system is still not perfect. And patent securitization transactions is a high technical content of the financial behavior, which needs corresponding highly professional and technical institutions and personnel support. And the work of professional team still has not been formed. This article through the analysis of patent securitization theory and combined with the actual situation in China, research on system of patent securitization in our country, in order to promote the development of science and technology enterprises in China.This article is about the financing study of asset securitization from the perspective of patent, in addition to the introduction and conclusion, the article is divided into three parts.The first part simply introduces the basic theory of patent securitization, based on the concept, characteristics, function of patent securitization, and combined with the actual situation in our country, the article analyzes the necessity and feasibility of patent securitization establishment, to clarify the practical significance in the system of our country’s patent securitization.The second part mainly probes into the construction of patent securitization in our country, this part is made up of four parts, respectively for the participation of the subject system, running, taxation, regulatory issues, and in view of the existing laws and policies which against the patent securitization system construction, the article puts forward some improvement Suggestions.The third part, from the perspective of the risk attributes of patent right itself, the article analyzes the patent securitization legal risks, and puts forward the concrete measures of prevention to control the risks.