Research For Legal Issues Of Patent Pledge Financing

Along with mankind entered the era of knowledge economy at the beginning of the 21 st century, the concept of intellectual property gradually broke into people’s horizons. The strategy of intellectual property rights, which was implemented in our country since 2008, has prompted a rapid development of the intellectual property industry. As a kind of intangible assets, the intellectual property rights highlight the important role in economic development increasingly. As a significant expression of the intellectual property rights, patents attract people’s attention widely.At present, a number of small and medium-sized enterprises in our country have their own patented technology. However, the main problem they face is financing difficulties, which can just be solved by the patent pledge financing. Therefore it is necessary to have an in-depth discussion and research with the patent pledge financing. The patent pledge financing is a new form of financing, it has more space for development and potential than traditional ways of financing, such as movable or immovable property financing. Surely the patent itself has some special properties,for instance, it can not directly reflect property value, value of volatile, etc. All of these qualities bring plenty of problems and challenges to the patent pledge financing.By combining theory and practice, this paper mainly discusses legal problems in the process of the patent pledge financing, the main body of this article is divided into four chapters. The first chapter is an overview of the patent pledge financing, this chapter mainly introduces the legal definition, nature, characteristic of the patent pledge financing, and its difference from other pledge financing ways. Through the introduction of the above content, we will have an overall understanding on the patent pledge financing, which will lay a good groundwork for the following research. The second chapter is current situation and legal problems of China’s patent pledge financing. This chapter not only analyzes the patent pledge financing legislation present situation and the practice’s present situation in our country respectively, but summarizes the current patent pledge financing legal problems existing in our country at the same time. The third chapter, an analysis of the patent pledge financing abroad, respectively discusses three countries——United States, Japan and Sweden’s legislation and practice of patent pledge financing, in order to perfect our country’s patent pledge financing by comparison. The fourth chapter is about the suggestionsof perfecting our country’s patent pledge financing legislation. From the problems currently existing in the process of the patent pledge financing in our country, the writer focus on putting forward some suggestions from three aspects of the target range, the value evaluation, the risk prevention and control.