Legal Risks And Prevention Of Patent Pledge Financing For Technology-based Small And Medium-sized Enterprises

Under the background of the deepening reform of "mass entrepreneurship,innovation" in China,the overall national economic level has been steadily rising.As one of the most important components of the national economy,small and medium-sized technology-based enterprises(SMEs)face the threat of short life and high mortality for a long time,although they have created the vast majority of patent applications for the whole country for many years,effectively promoted our country to become an innovative power,and made tremendous contributions to the country's GDP growth,tax revenue and employment.Investigate its reason,financing difficulty is the main factor leading to short life.In order to solve this problem,governments at all levels have introduced many preferential policies and auxiliary measures,hoping to escort small and medium-sized technological enterprises and prolong their life.Although these measures play an important role in promoting the development of SMEs,they still have little effect.According to the characteristics of more patented technology and less tangible assets,it is very difficult for small and medium-sized technological enterprises to take the traditional financing path of chattel and real estate mortgage.Patent pledge financing can effectively help small and medium-sized technological enterprises to solve the financing problem.If enterprises want to successfully realize patent pledge financing,they must realize the prevention and control of patent pledge risk.However,patent pledge financing has greater risks than the secured financing of general tangible assets,especially legal risks.How to guard against these legal risks is an important issue that small and medium-sized technological enterprises must face and solve.Through the research on the legal risk of pledge financing of technology-based SMEs,this paper finds that the legal risk mainly concentrates on four aspects: subject qualification risk,patent right risk,litigation risk and institutional risk.Through the in-depth analysis of these risks,the author puts forward some preventive measures against the legal risks of patent pledge financing for small and medium-sized technological enterprises from the aspects of perfecting patent legislation,improving their own patent legal literacy,perfecting the patent value evaluation system,and constructing a complete patent pledge peripheral system.These measures can effectively solve the problem of enterprise financing,further promote the sustainable and healthy development of small and medium-sized science and technology enterprises,and make great contributions to building a strong country of science and technology innovation in China.The main contents of this paper include the following four parts:The first part: introduction.This part briefly introduces the research background and significance of this paper,focusing on the domestic and foreign research on patent pledge financing,domestic research on the definition of technology-based SMEs and foreign patent pledge mode.In addition,in this part,it also briefly illustrates that the first problem to be solved for the long-term development of technology-based SMEs is financing difficulty,which is to prepare for the smooth development of the following research on legal risks and prevention of patent pledge financing of technology-based SMEs.The second part: the status quo of patent pledge financing for technology-based SMEs.This part first introduces the definition criteria and characteristics of small and medium-sized technological enterprises.Secondly,the legislative status of patent pledge is briefly described,and four domestic patent pledge financing modes are briefly introduced.It is pointed out that the main factor restricting patent pledge financing of small and medium-sized technological enterprises is the high risk faced in the process of pledge.Finally,it points out that strengthening the legal risk prevention is the key to effectively solve the problem of patent pledge financing for small and medium-sized technological enterprises.The third part: the legal risks and causes of patent pledge financing for small and medium-sized technological enterprises.Firstly,this part combs the legal relationship of patent pledge of science and technology SMEs.On this basis,the legal risks and the causes of the formation of small and medium-sized technological enterprises in the process of patent pledge and financing are analyzed.Among them,legal risks are studied from four aspects,including subject risks,patent risks,litigation risks and institutional risks.The causes of these risks include the instability of patent right,the difficulty of patent value evaluation,the imperfection of patent pledge related supporting system and the confusion of management of small and medium-sized technological enterprises.The forth part: the legal risk prevention strategy of patent pledge financing for science and technology SMEs.This part mainly puts forward that we should improve the relevant legislation of patent pledge,enhance the legal literacy of patent of small and medium-sized technological enterprises,improve the patent value evaluation system,and construct the peripheral system of patent pledge,so as to realize the prevention of legal risk of patent pledge financing of small and medium-sized technological enterprises.