A Study On The Legal Obstacles And Solutions For The Financing Of Patent Pledge In China

In recent years,the financing mode of patent pledge in China has attracted the participation of more and more small and medium-sized enterprises,and made it develop to a large extent.This is due to the policy support and continuous improvement of our country's system of patent pledge financing.The financing mode of patent pledge is different from the traditional pledge of tangible assets.It has a lot of distinctiveness in system building.The legislative system of patent pledge financing system has been initially formed in our country and provides a more powerful institutional guarantee for the prosperity of patent mortgage financing market in China.However,there are still some questions about the current system of patent pledge financing in the aspects of legislation formulation and specific rules setting.The main manifestation is the current legislative purpose of the patent pledge in China.It mainly emphasizes the security of the transaction which also reduces the efficiency of patent pledge financing and increases the financing restriction of patent pledge financing.The fuzziness of the subject matter of patent pledge has also caused some obstacles to the development of patent pledge financing.The imperfection of patent evaluation system and the defect of circulation system have directly affected the realization of the purpose of patent pledge financing.It hinders the participation of small and medium-sized enterprises in patent pledge financing,and also affects the development of patent pledge financing market in China.By basic theoretical analysis of patent pledge financing,combining the distinctiveness of patent pledge financing differing in tangible assets pledge,as well as the current situation of development of patent pledge financing in China,this paper clarifies the legal obstacles in the process of patent pledge financing in China one by one.It aims at the related legal obstacles from the perspective of legal value in security and efficiency.It is suggested that the value orientation of patent pledge financing in China should gradually shift from security to efficiency.At the same time,it should be perfected in legislation,system,risk prevention,evaluation system and circulation system of patent pledge financing in China from the perspective of this value shift.Thus forming a financing system of patent pledge where has a balance between safety and efficiency.It effectively solves the financing bottleneck of small and medium-sized enterprises with patent advantages and promotes the financing mode of patent pledge to play an important role in the economic development of our country.