Research On Patent Pledge And Its Value Evaluation

The national medium and long-term program for scientific and technological development pointed out that our nation must improve the capability of independent innovation, and became an innovative country. The Eighteenth Congress of the Communist Party of China put forward that our nation would carry out the innovation-driven development strategy, and strengthen the protection of intellectual property rights. The Eighteenth session of the Third Plenary Session further clarified the use and protection of intellectual property rights. To real implement the strategy, in March 2015, the State Council promulgated the opinions on deepening the reformation of national system and speeding up to carry out the innovation-driven development strategy, emphasizing to perfect the policy of encouragement on achievements transformation and innovation. It also emphasized to strictly carry out protective policy about intellectual property rights, to develop technology markets and to improve the financing conditions of small and medium-sized technology-based enterprise. In this background,in January2016,the general secretary Xi pointed out that to reform, innovation is one of the ways to make it come true. These policy documents provides a good opportunity to the use of patent.With the appearance of large numbers of creative intellectual achievements in recent years, small and medium-sized technology-based enterprises and financial institutions attach great importance to the using ways and how to make the most of the functional value of patents. At the same time, small and medium-sized enterprises which own more patents will face the greatest difficulties, namely lack of funds for enterprise development, which directly affects the result. It is difficult to put a good use of the use value of the patents, and unable to recreate technological innovations of existing patents. It’s a better choice for small and medium-sized enterprises to make full use of the exchange value of patents and to gain enterprise financing. Although the direction is clear, the line twists and turns.Small and medium-sized enterprises face a lot of difficulties during the process of loan in bank and other institutions which treat the patents as collateral.The rough provisions of setting procedures, the lack of review process before signing the contracts of pledging the patents, the chaotic management of contracts, the lack of power of collateral materials, the unscientific evaluation about patents value, the disunion of evaluation standard and evaluation markets, all these factors cause a lot of uncertainties to practical operation and many risks to pledge, and result in patent pledge business developing inconspicuous. Although the theory of patent pledge is researched, they are more fragmented.In this paper, these current situation will be discussed. It is divided into five parts. The firstpart is about the basic concepts and features of the patent pledge presentation, including the patent system value orientation so as to conduct a preliminary understanding about it. The second part is about the patent pledge setting program, and the effectiveness of the right quality problems.Patent pledge itself is a process, the effectiveness of the rule setting and its completion is the key points. The third part focused on the environment and the current situation of patent pledge, as well as how to improve its negative or even eliminate impact. And value evaluation of patents is a core issue. The pledge stake two most important aspects of the system, namely the establishment of patent rights and implementation of patent pledge. It is quite necessary to deep understand of evaluation norms, institutions and personnel. Finally, for the theoretical and practical issues, I proposed a rough view of the individual from the aspects of the value choice, value evaluation, risk control and decentralized mechanism of the patent system.