The Analysis On Patent Pledge In China

In modern times, science and technology is improving constantly. Tosome extent,the scientific and technological strength represents a country’scompetitiveness.Intellectual property rights especially patents promote theprogress of society,it can’ t be ignored.The modern enterprise want to developby leaps and bounds, the number of the patent have decided its economy statusin the market.，Due to the international financial crisis, many enterprisesespecially SME are difficult to work the capital.These businesses have a largenumber of patents,How to express the patent’effect to ease businesses pressurecapital, A lot of countries are in the implementation of the patent pledgesystem, including China, however in the patent pledge financing operationprocess, China still has some problems.Therefore, this article is mainly from the following several aspects of theimplementation of the patent right impawn financing:First, this paper mainlyanalyses the nature of the patent right guarantee, the nature of the patent rightguarantee is the patent pledge, and the concept of patent pledge is defined, andanalyzes its characteristics,the differences between the patent pledge and otherrights pledge modes.Second, analyzes the related constraints of the implementation of the patent pledge financing in our country, these factorsinclude: Patent itself by the influence of the technical features, So go againstevaluation value; China’s appraisal institution is not standard; Because ourcountry is the lack of perfect patent trading standards and trade market, addingto the patent sold the difficult question; On the other hand, Our country is thelack of a sound credit guarantee system, relevant legislation also are notperfect...These problems are restricted the smooth implementation of thepatent pledge financing.Third, some suggestions to the legislation of patentpledge financing, mainly have: the law shall be allowed the claims of patentapplication as the contact object of patent pledge; Allows for repeated pledgepatent; Clearly the scope of validity of the patent pledge financing; The lawshould be to relax the pledgor to pledge the use of the patent right.．Fourth, inperfect legislation, on the basis of the patent right of pledge to perfect therelevant systems from the patent right evaluation system, perfect the patentright trade market, strengthen enterprise credit system of suggestion and so onthree aspects.Fifth, as a patent pledge financing business risks in the processof implementation of the largest commercial Banks, it can from the patentright of pledge set up science and technology by the syndicated loan oroperation mode, constantly improve patent pledge risk evaluation system toeffectively control the credit risk.The research of the predecessors to patent pledge mainly is attention tothe theory of the research, and this paper not only pay attention to patent pledge legislation, but also in the patent right of pledge in practical operationrelated mechanism puts forward the Suggestions, can say both theory andpractice; Furthermore this paper from the point of view of commercial bank,how to effectively control the patent pledge financing made the proposal, andis also one of the features of this paper.