A Study On The Patent Pledge Financing Risk Prevention Mechanism Of China

Small and medium-sized enterprises play an important role in the nationaleconomy，but under the market economic system the financial resources they get isextremely unsuited to its position. The shortage of funds has become a bottleneckproblem， which constrains the development of small and medium-sized enterprises.As an assurance mean， patent pledge not only helps to broaden the financingchannels and meet the growing financing needs of SMEs， but also improve thecapability of independent innovation， which meet the requirements of building aninnovation-oriented country strategy. At present， promoting the patent pledgefinancing mode has become a national policy， but the unsolved problems incontrolling financing risk make it develops slowly. The paper involves the legislationpractice of patent pledge financing both at home and abroad，and then sets outsubstantial suggestions about how to control the patent pledge financing risk throughanalyzing the risk systematically:The paper includes four chapters as follows:Chapter I makes a general introduction on patent pledge financing and foreignpractice. It basis on the concept， feature， establishment and implementation ofpatent pledge financing to demonstrate what is the patent pledge financing and its riskcontrol for concerned parties. The author makes specific research and comment on the current three modes formed in China’s patent pledge financing practice，and point outthe corresponding defects as well. Bringing in the regulation and practice of patentpledge financing in United States and Japan， the author introduces the effective waysof the United States and Japan in terms of the patent pledge financing risk control，and then summarizes the beneficial enlightenment it provided.Chapter II analyze of the patent pledge financing risk and the causes. In thischapter，the author analyzes and reveals the probable risk in the process of patentpledge financing: the legal risk of patent pledge， the risk of patent valuation and therisk of patent realization. And which lay the foundation of risk control andimprovement of the process of financing.Chapter III sets out specific suggestions to construct prevention mechanism ofpatent pledge financing risk.The author explained the details about how to build arisk prevention mechanism from three aspects: the legal environment， the externalmechanism design and risk sharing mechanism. In view of the deficiency of relevantlegislation and enforcement，the author put forward some suggestion to improve thepresent situation and put forward the idea of constructing the patent transactionplatform and credit system for SMEs. Finally the author identifies the responsibilityof government， banks and guarantee agencies on risk undertaking.In the conclusion part， the author summarize the main content and viewpointsof the paper.