Research For China’s Patent Pledge Financing Of Legal Issues

With the rapid development of science and technology, and social and economicprogress, our huge patented technology has being played an increasingly prominent role,in addition to production into practical productive forces, the patent also act as movableand immovable property as functional guarantees, namely patent pledge. As a new wayof financing, in particular the small and medium enterprises can not only solve theproblem of financing especially for the science and technological enterprises to meettheir funding needs, but also promote the industrialization of patented technologies.Compared to the traditional way of pledge such as chattel mortgage financing and realestate mortgage, patent pledge has greater potential development. But due to the specialnature of the patent itself, for the patent is an invisible property that is testricted indeadline and territory, the patent does not directly reflect value, and only after theconversionand production, can produce economic value, so there are many problems onpatent pledge financing process. This paper would combine the theory and practice ofChina’s patent pledge, the law issues of patent pledge financing will discussed in themain the following areas:The first chapter is the introduction, describes the theoretical origins patent pledge,and then briefly introduces the development status of domestic and foreign patentpledge financing, especially our Country’s patent pledge has made great progress, butstill there are many problems. This chapter leads to the below.The second chapter is an overview part of the patent pledge to explore the meaningand characteristics of patent pledge, mainly proprietary analysis of patents, intangiblenature, terminal and geographical features; It also discusses the concept and features ofpatent pledge, the main features of the patent pledge, that is the value of the uncertaintyand instability, and the value of implementation and evaluation of special difficulties inrealization.The third chapter describes the current situation of legislation about China’s patentpledge financing, pointing out that our patent pledge’s legislative problems: the lack ofestablishment of patent right, transfer and the provisions of the rights and obligations ofthe parties; patent pledge requirement is referring to the pledge of chattels that is notreasonable; the patent legislation flawed "valuing static of rights verfication and rightson protection system, but neglecting system of dynamic flow ". The fourth chapter is the legal issues of patent pledge financing, which is the corepart of the paper. This chapter is divided into seven small part. I analyse one by onethose legal problems one by one, that are the abject scope of the patent pledge, valuation,effect of pledge, registration of contracts, achievement of patent mortgage, and litigationpatent and so on.The fifth chapter describes the current situaionof patent pledge financing ofextraterritorial places. primarily the legislative status on patent pledge financing ofUnited States, Japan and France, and draw some useful experiences.The sixth chapter describes the proposal to promote China’s patent pledge that israised so as to resolve the legal issues of patent pledge financing, including: First,formulate patent pledge our legislative system; Second, the subject of explicit patentpledge range; Third, improve the value evaluation system of patent; Fourth, improveour registration system of patent pledge; Fifth, establish a risk control mechanism ofpatent pledge; Sixth, improve our implementation system patent system of patent’svalue. Seventh, the remaining value of pledged patent can be pledged. The last, themortgagor can be allowed to abandon the pledged patent right under a certainconditions.The seventh chapter is the conclusion, the patent pledge provides a new way forcorporate to finance, has good prospects for development, but it need to improve thelong-term experience and the thorough system. The patent pledge will ultimatelybecome a pledged financing way that is alongside with the chattel mortgage and realestate mortgage.