On The Realization Of Pledge Financing Of Patent Right

Patent pledge as a new type of financing guarantee,not only can solve the problem of corporate finance,but also give full play to the value of patents.China's current patent pledge financing just emerging,is in a stage of exploration and development.There are still three problems in the realization of the pledge financing of patent right in our country,implementation rules are missing,in the process of realization of pledge financing,there is no definite problem in the relationship between the exercise of the patent right and the execution of the general creditor's right,and the relationship between the exercise of the patent right and the enforcement of the general creditor's rights is not clear.In the realization procedure of the pledge financing,there is also China's current patent realization is also very difficult.In this regard,it should be in the principle of insisting on the realization of the principle of private power to solve the non-litigation in the application of the objection to the issue,clarify the relationship between the exercise of patent rights and the execution of general claims,clarify the calculation of the maximum amount of debt.In addition,we should relax the restrictions on the transfer of the pledgor,permit the implementation of patent rights,improve the evaluation system of patent rights in China,improve the patent trading market and explore new ways to solve the problem of patent rights difficult.