Research On The System Of Patent Pledge

With the development of economic globalization,the status and value of intellectual property rights have become increasingly prominent.Since the United States first put forward the pledge financing of patent rights,all countries have promoted the pledge financing of patent rights.The appearance of patent pledge not only increases financing channels,but also supports the development of small and medium-sized enterprises.The benign development of patent pledge system can enhance the innovation ability of enterprises and is an important content of innovation-driven development strategy.Allowing patent rights as pledge objects can make good use of patent rights and conform to the trend of social development.China’s patent pledge system started late,and the regulation of patent pledge in China is still in the trial period,which is not perfect.Through a detailed analysis of the case of the contract dispute between Jin Yan Marine Biotechnology Co.,Ltd.and Lin Congyong,the focus of the dispute is studied,and it is pointed out that the patent pledge system in China has great financing risks and lacks an effective risk sharing mechanism.There are still many problems in our patent pledge system except the lack of risk sharing mechanism.First,the legal norms related to patent pledge are sparse and scattered,lacking in scientificalness,coordination,poor operability or low level.Secondly,the law lacks maneuverability.Thirdly,there is a lack of scientific and standardized patent value evaluation system.Also,the risk sharing mechanism of patent pledge is not perfect.Finally,the post-event management system is incomplete.The existence of patent pledge system will affect the confidence of all parties and restrict the development of patent pledge system.In view of the existing problems,this paper studies the historical evolution,concept discrimination and significance of patent pledge,and puts forward some suggestions to improve the patent pledge system in China by combining the relevant laws,regulations,policies and measures of patent pledge in China and drawing on the experience of other countries.First,establish a unified patent pledge system.Secondly,enrich the basic content of the current law and formulate specific and operable legal norms of patent pledge.Thirdly,establish a scientific and unified value evaluation system,build a patent value evaluation institution with high quality and strong power,and regulate the illegal behavior of the evaluation institution or personnel by law.Thirdly,establish a systematic and extensive risk sharing mechanism to control risks.Finally,improve the post-event management system.By solving the problems existing in the patent pledge system,we can stimulate the vitality of the patent pledge market and promote the further development of the patent pledge system.