Study Patent Pledge Financing Legal Issues

In the 1990 s, Europe, Japan patents guarantee system has been developed by leaps and bounds and has become an important financing domestic enterprises. In China, the patent pledge financing is not uncommon. In the absence of guarantee business cars, factories, etc., enterprises can make use of the patent held by financial institutions pledged by the way, get high loans, thereby alleviating the plight of lack of funds business. But in the patent pledge financing prosperity and development, patent pledge financing law is unable to match with the times, which is still lagging behind the legislation. The provisions of the fuzzy predicament, which is not only produces a variety of interpretation of the legal profession, but also is conducive to the promotion of franchise finance market prosperity. In the combination of problems encountered in practice and patent pledge theory, the author puts forward ecommendations on how to improve the financing of patent law. The paper includes the following four parts:The first part is an overview of patent pledge, including the basic theory and the status quo of the patent pledge. The basic theory mainly introduces the concept and characteristics of patent pledge. The current legislation includes legal and judicial national policies in recent years. By the way of two cases in the judicial practice,the author puts forward problems in the right to patent pledge financing practice.The second part focuses on part of the detailed description of the legal issues facing patent pledge financing is mainly reflected in: patent pledge financing target range is not clear; inadequate protection of the legitimate interests of the pledgee; patent pledge registration procedures too cumbersome; patent right valuation system immature.The third part introduces the patent status of foreign security system, focusing on the relevant provisions of the patent guarantee system in both the United States and Japan. Meanwhile, the author concludes the successful experience and the enlightenment we should learn from the above two cowntries,such as improving the legal patent pledge regulations; paying attention to the government’s role in financing pledge patents; adopting the registration antagonism.The fourth part is mainly about the suggestions in improving the patent pledge financing system. Based on the above defaults and the successful experience of the United States and Japan, the author puts forward the following recommendations: making the scope of the subject patent pledge clear; strengthening the protection of the legitimate interests of the pledgee; simplifying the patent pledge registration; improving the patent valuation system.In order to better play the role of patent pledge system, it is not only necessary to ensure that patents held by small and medium sized high-tech enterprises to obtain loans from financial institutions, but also to solve the problem of good risk of financial institutions, which requires the government’s support and participation. Government can learn the successful experience from the United States and Japan, such as establishing the non-profit policy banks and guarantee agencies to ensure that companies will transfer the held patent into financial support, in the hope of reduceing the credit risk of financial institutions.My limited academic standards, lack of coordination and practical experience in the legal system, encourging me to combine theory and practice in the future and rich the understanding of thing.