Study On The Legal Risk And Preventive Mechanism Of The Patent Pledge In China

In the era of intellectual economy, the pledge financing of enterprises’ intellectual property is of great significance to the development of production and the construction of innovative country. Especially after <the companies act> revised in 2014 further relaxed the restriction on the enterprises’ registered capital, it greatly promote the establishment of the small and medium-sized intellectual technologies enterprises which only have patents at initial stage. But this kind of small and medium enterprises, they are lacking in enough fixed assets and realizable equities, or their financing cost through other means is too high.It is becoming more and more important to how to cash their own patent rights. to carry out reasonable assets assessments and pledge financing, to transform the early simple patents into cash flow for the sustainable development. But this model is constrained in the promotion and development in our country because of the following reasons: the patent financing pledge started very late; how to define the patent financing pledge is not clear in practice;the value assessments are not so mature;the interests of the Pawnees cannot be protected properly.In view of this, this paper attempts to expound and analyze the fundamental theories of patent pledge financing systematically. In addition, it aims to analyze its legal risks. What’s more, it probes into the precautions of legal risks and the improvement of model in the patent pledge financing.This paper can be divided into four parts with regard to the discussion of the legal theory and the risks in patent pledge financing. The first part introduces the current situation and existing problems. The second part is an overview of the fundamental theories of patent pledge financing law, mainly from the aspects of its concept, nature, characters and so on. It also elaborates its scope and requirements to enrich it. The third part concentrates on the analysis of the legal risk of patent pledge financing, especially the defects of law systems of patent pledge financing, which includes the nonstandard value assessments,the risks of right of attribution in the process of right of patent pledge financing and its the validity, the disposal of the Pawnees. The fourth part is supposed to put forward some suggestions on the improvement of the legislation of laws of patent pledge financing.