Study On The Operation Mode Of Patent Trust In China

Individuals,enterprises,and research institutes have patent by technological and scientific activities.Effective operation of patents is important to solve the difficulties in the transformation of technological achievements in China,which will promote the progress of technology and science in turn.The patent trust is an important form of patent operation.With the advantages of the trust,it is rapidly developing worldwide.Focusing on how to eliminate the risks in the process of patent trust,how to effectively solve the problem that lacking of liquidity of patent rights,how to take advantage of the patent trust reasonably,and ultimately playing a role in promoting the patent industrialization.This article learns from the development and experience of the patent trust operations in the United States and Japan,concludes that there are plenty of problems of patent trusts in China,such as unclear ownership,imperfect valuation mechanism,unreasonable investment portfolio,week distribution mechanism of benefit,and incomplete risk security mechanism.In order to solve the above problems,this article determine the participating entities of the patent trust,and the basic operational procedures for determining the ownership,value assessment,investment portfolio,and benefit distribution of patent trusts in China.And Classifying patent trusts as managing patent trusts(entrusted type and patent pools),financing patent trust(pledge type,securitization,equity type)and hybrid patent trust operation mode.Through the analysis of the game between the government and the trust company in the preparation stage of the intellectual property trust in Anhui Province,elaborate the current situation,contradictions and solutions.On the basis of the contents discussed above,giving suggestions to patentee,trust company and the government.Relevant papers focus on the laws of intellectual property,there is few paper about patent trust.The main innovations are following aspects:first,patent trust operation mode is a new research direction,although patent trust is an important part of the patent operations,research on patent operations has basically focused on the direction of pledge and securitization.Second,the content of the patent trust operation model involves many discipline such as management,law,and economics.It is a new cross-disciplinary issue.Third,patent trust is closely linked to practice.This paper aims to provide theoretical guidance for the actual operation of the patent trust.