Study Of China's Patent Pledge Financing Law

In the 20th century, the patent pledge in Japan, Europe and the United States and other countries has gain much development and gradually becomes an important means of financing. China's "Guarantee Law" stipulates clear regulations on the patent pledge financing, in practice, financing the franchise had not obtained the full development. Insufficiency theoretical research, legation behind and lack of the related system is the important reason for not being attracting adequate attention. In view of this, this paper explained and analysed basic theories on patent pledge financing legal system, including the following five parts.1 .Introduction. Author introduced legislative background and raised problem on patent pledge financing.2.Overview of patent pledge financing. Firstly, author explained the definition and basic property of patent pledge financing legal system. Secondly, author presented the status of financing legal system in Japan, the United States and China. Finally, author explained value orientation of safe, fair and effective in patent pledge financing legislation.3.Discussion on patent pledge financing legal system problems. Firstly, author introduced the subject of patent pledge financing legal system and explained determination of component and object of the patent pledge financing legal system; Secondly, author discussed legal force of the patent pledge financing legal system. Patent pledge financing includes the effectiveness of the legal effect of the scope and effectiveness of restraint;Thirdly, the patent pledge of public financing was discussed again; Fourthly, author explained the value evaluation of the patent pledge financing legal system. Finally, author presented the risk of financing person problem.4.Suggestion to improve the patent pledge financing legal system in China. For the property and alienability of claims of patent application and other practical significance, patent applications should also be the subject of pledge financing. Secondly, because patent rights has secured a pledge of a general nature, thing end its use, and people do not lose their right to confront the reasons for ownership, the law should be concretely that patents can be re-pledged.Thirdly,in order to improve the efficiency of patent pledge financing,the establishment of patent pledge Financing legal system should be based on the against conditions of registration.Fourthly, established a comprehensive value assessment of the franchise system of financing pledge.Fifthly, Government should establish a Trading market, strengthen the trading mechanism.Sixthly, government should provide hedge ways for financing risk, to increase its financing of the will.5.Conclusion. the patent pledge financing in line with the development trends of pledge right.Patent pledge is a effective mean of financing expansion in modern society and is the requirements of social wealth of structural changes .