Study On The Legal Issues Of Patent Asset Securitization

The use of patent in traditional ways such as patent mortgages, patent transfer can’t make quick, convenient and enough money for the small and medium-sized high-tech enterprises. Patent securitization as a new financing way, provide a new choice which can make up the shortfalls of the traditional financing way. So far, we don’t have the patent securitization practice, the study of patent securitization is just start up. Though study on the legal issues of the patent asset securitization, this article in order to contribute the development of asset securitization in our country.Compared with the traditional asset securitization, the most difference is the basic asset—the patent and the derivative right. Though to the literature retrieval, the author found the study is almost all around the traditional asset securitization. The research on patent securitization has just started and have not form a system.Next, the article from the concept, characteristics of patent securitization, began to analyze the patent securitization. Using the comparative analysis method, the author find that the patent securitization is more effective than the traditional ways.Then, around the patent characteristics, we analysis the risk of the asset pool and finally find three ways to against the risk: first check patents, screen out the defective patent; second check patents, forecast the patent market; the last one is permutation and combination, to improve the whole quality of patent pools.The following is the part about special purpose vehicle(SPV). Using the comparative analysis and case analysis, the author discuss the United States, Japan and other countries’ selection of SPV and the relevant legislation. And the conclusion is that the legal environment is not mature, we can choose the government support in the form of a special purpose company or the form of special purpose trust.Finally, the supervision problem of SPV and the insurance of patent asset are added on the final of the article.