Research On Legal Issues Of Patent Pledge Financing

Today, intellectual property as a new industry, in economic development plays an important role.Twenty-first Century is the era of information, intellectual property rights of this invisible information on the economic development will become more and more important. Intellectual property rights include trademark, copyright and patent right, the highest scientific and technological content of the patent right, the development of the economic tide in the contribution of the relative power is relatively high. In order to show its own value, it is necessary to carry out the transformation of the technology, and turn the invisible technology into productive forces and promote the rapid development of economy. But investigate its China’s current patent right to development present situation, the result is not very optimistic, given China’s related intellectual property relevant laws and the system is not very perfect, so our country numerous patents did not really play into productive forces and play its due role.In view of this, it is particularly important and urgent to strengthen the research on the theory of intellectual property, especially the patent right and the patent pledge financing.Patent right as an intangible enterprise assets, its own value is considerable, but subject to its professional field, the general enterprise can not directly use the transformation, its own value in the implementation will encounter some difficulties. Patent into productivity needs a lot of money to support, and master the patents of small and medium-sized enterprises is the lack of sufficient funds, so the use of patent financing has become the main way of the development of the high-tech small and medium-sized enterprises.This kind of financing way, in the relevant laws already have provisions, but in practice as lenders of banks and other financial institutions is not very willing to such patent pledge financing business, so China’s patent pledge financing business development is quite slow. Banks and other financial institutions is reluctant to carry out this pledge financing business for the patent right has a very high professional, its value is not easy to assess, plus the realization of the patent in need of professional technology and patent value appears unstable factors, this a series of factors are prohibitive for banks and other financial institutions. And the development of small and medium sized science and technology enterprises depends on the development of patent financing, so how to deal with this problem is very important to promote the economic development of our country.The author is based on China’s patent pledge financing of the theory and practice of the current situation, to China’s patent pledge financing in the legal issues were studied in this paper. Firstly, it analyzes the China’s patent pledge financing of the current theory research status and concept, and study China’s patent pledge financing problems, reanalysis of the extraterritorial countries and regions of the patent pledge financing system and learning, and finally puts forward suggestions to perfect China’s patent pledge financing. The author in the process of using a variety of research methods strive to comprehensive of the patent pledge financing system of research and analysis, from found the problem summing up experience, hope to put forward own some superficial suggestions and views, promote patent pledge financing system development, promote the development of small and medium sized enterprises of science and technology, to achieve the overall development of our country economy.