Empirical Study On Patent Right Pledge Of China

Patent pledge is a kind of important way to patent application. With the patent rights for impawn mark, obtaining financing for alleviating the fund pressure of the small and medium-sized enterprises(SMEs) in developing, optimizing the bank guarantee structure has the important significance. However, the patent pledge in China exists many problems, the actuality of patent pledge is not optimistic. This paper attempts to understand and insight the present situation of China's patent pledge through the patent pledge contract registration information, and analyze the existing problems in the implementation of patent pledge, then advance the perfect recommendations.This paper is divided into four parts. The first part introduces the basic theory of patent pledge, including the concept, characteristic, function and meaning of patent pledge. The second part statistic analyses patent pledge contract registration information with SPSS software, design variables from patent pledge subject, patent pledge mark and patent pledge deadline three aspects, analyses the features of the variables, and points out China patent pledge status displays in five aspects:Firstly, in recent years the number of loans business changes fluctuation, Secondly, China's patent pledge subject types increase, type structure changes greatly. Thirdly, China's local patent pledge conditions are unbalanced. Fourthly, the banks that conducting patent pledge business is given priority to the large commercial banks, the percentage of the city commercial banks increasing. Fifthly, Pledge patent type in the largest percentage for utility model, exterior design have smallest percentage but there is growing; Sixth, the technological field distribution of invention and utility model changed; Seventh, Claim number of invention and utility model is overall less; Eighth, China's patent pledge deadline is not long. The third part discusses comprehensively the reason to appear the problem in the process of patent pledge, including patent pledge legislation imperfect, the patent value is uncertain, patent value is difficult to assess, patent value is difficult to implement and the pledgee's risks were too high. The fourth part propose the suggestion of perfecting patent pledge, including Perfecting patent pledge legislation, perfecting patent value evaluation mechanism, perfecting the intellectual property market improving the protect measures to financial institutions interest. Perfecting patent pledge legislation suggestion include expliciting patent application right can be as impawn mark and standardize implemented way of patent pledge. Perfecting the patent value evaluation mechanism from perfecting intangible assets evaluation criteria and measures, regulating the evaluation personnel qualification and composition and establish strict liability system to begin. Perfecting the intellectual property market suggestion is building a national intellectual property transaction network platform and riching patent converted channels. Perfect financial institutions benefit protection measures not only the bank should to perfect its own system, but the government also give policy support. Finally, the last word on full-text briefly summarizes, and points out the future study direction.