Study On Legal Issues Of Pledge Financing Of Patent In China

In the context of intellectual property strategy,the enormous role of patented technology has become increasingly prominent.Patents are now not only regarded as the intangible assets of enterprises.In addition to being put into production and transformed into real productivity,patents can be used as the subject matter of pledge of rights,just like movable and immovable property,and become an important part of pledge of rights.In recent years,China's patent pledge financing has been rapid development,but in its development practice,is still facing a number of inevitable problems,the most fundamental problem is that the relevant legal provisions are not perfect,the lack of high-level legislation,the provisions of the patent pledge financing mainly in the local norms,and the provisions of the various local differences,so the current China's patent pledge financing legal provisions are more difficult to assess the value of the development of a series of the major factors,so that are not easily affected by the impact.Imperfect legal provisions and imperfect evaluation system have increased the risk of patent pledge financing.Bank Management is the most important risk,if the risk is too large,the bank will not consider to carry out this business,and the patent pledge financing of the most significant subject is the bank,the bank as a quality person if not willing to accept the patent as collateral,then the patent pledge financing can not be carried out smoothly.Aiming at a series of problems mentioned above,through studying and analyzing the current legislative situation of patent pledge financing in our country,the mode of patent pledge financing in some typical areas of our country and the development of the patent pledge financing system in the United States,Germany and Japan,and drawing on the useful experience in them,the following countermeasures and suggestions are put forward to provide a reference for perfecting the relevant legal provisions of patent pledge financing in our country.Secondly,as the most important system in the financing link of patent pledge,the evaluation system of patent right value plays an important role in the development of patent pledge financing.Therefore,China also needs to perfect the evaluation system of patent right,which can be improved from the evaluation methods,evaluation institutions,evaluation rules and so on.In addition,although the impact of patent pledge registration system on the financing of patent right pledge is not as great as the evaluation system,the effectiveness of patent right registration system is reduced.Finally,with regard to the protection of the interests of the hypothecate,it is proposed to disperse the risks of banks by introducing a guarantee company,an insurance system,and the establishment of a system of compensation for risks,so as to increase the confidence of banks and other financial institutions in the financing of the pledge of patent rights.