Research On Patent Pledge Financing Problem Of China

Although China has specifically formulated the pledge of patent Of "Security Law","Property Law","Patent pledge registration " and other relative laws, these requirements are more general and in principle,the lack of the actual operability and the related patent pledge financing system is not perfect.For example,there is no formation of patent valuation and intangible assets market and so on. These imperfections in thesystem design has led to the status of the patent pledge financing is difficult in practice. It is based on thispaper, these issues will be detailed analysis and discussion.There are mainly four parts in this paper except the abstract, introduction and conclusion.Part Ⅰ: The analysis of the basic theory of patent pledge financing. First,analyzed the legislative basisand policy basis of the patent pledge; Second, analyzed the unique nature of the patent pledge financing,that is, no need to transfer the subject matter of pledge, the collateral value uncertainty, high risk of patentpledge; Again, analyzed the difference of patent pledge financing and movable pledge financing, and otherrights of pledge financing; Finally, analyzed the theoretical value and practical value of the patent pledgefinancing system.Part Ⅱ: China’s patent pledge financing problems and their cause analysis. This part mainly analyzedfrom two large levels. Firstly, pointed out the problems of China’s patent pledge financing system. First ofall, the difficult of the patent pledge financing; Second, the difficult of patents value assessment restrict thedevelopment of China’s patent pledge financing system; Again, the patent pledge financing creditors bearthe high risk. Secondly, the reasons for the above problems of China’s patent pledge financing system areanalyzed. First of all, the patent pledge laws, regulations and rules are lack of coordination; Second, thescope of the subject matter of the patent pledge financing and the scope of their effects is not clear; Again,it is not clear that set on patent pledge financing need for the delivery of the pledged property; Finally, thepatent pledge financing valuation system is imperfect.Part Ⅲ: The legislative practice and learn from of the extraterritorial patent pledge financing..In thissection first analyzed the legislative status of the U.S. patent pledge financing and practice modes ofoperation; Second,analyzed the Japanese patent pledge financing Legislation and practical mode ofoperation as well as the legal system of other major countries (UK, Germany, France) patent pledge financing; Again analyzed the legislative status and practical mode of operation of the Taiwan region ofChina patent pledge financing; Finally, the patent pledge financing system of the United States, Japan andother major countries (UK, Germany, France) and Taiwan region of China are comparative analyzed, andbased on this,pointed out the learn from for our patent pledge financing system.Part Ⅳ: The legal advice of improve China’s patent pledge financing system. This part analyzed thepatent pledge financing system of China from two aspects:the improvement of legislation and supprotingsystems. Firstly, the patent pledge financing legislation suggestions for improvement, First of all, strengththe coordination of the system construction in the patent pledge financing legislation; Second, explicit thescope of the subject of patent pledge financing, that is, the right of applying for a patent can as the subjectof the patent pledge financing, but the transfer of the patent rights, exclusive rights and the implementationof the permission can not be separate as the subject of patent pledge, while allowing to set up a number ofpatent pledge on the same subject matter; Again, the setting of the patent pledge financing without deliveryof the pledged property; Finally, explicit the scope of the effectiveness of patent pledge financing, whileconstruct the way of the realization of the patent pledge which reflect the patent particularity. Secondly, theadvice of imprvoment related system recommendations of patent pledge financing. First of all, create theperfect patent pledge financing valuation system; Second, established the creditor risk-sharing mechanismof the patent pledge financing.