Research On Legal Issues Of Pledge Financing Of Patent

Patent pledge financing has been recognized for the first time as a new form of secured financing in our country in 1995 in The Guarantee Law,but in practice,there are few examples.In 2008 the State Council issued the Outline of National Intellectual Property Strategy(hereinafter referred to as The Outline),The Outline put forward to promote the development of intellectual property pledge financing Rong,from then on,China's patent pledge financing take on the fast lane,in 2015 the patent pledge financing amount has exceeded 56 billion yuan,this opens a new door for solving the problem of corporate finance.However,according to statistics,China's patent pledge accounted for the proportion of the amount of patents granted and patent pledge loan amount accounted for the proportion of the total social financing scale is very small,which indicates that China's patent pledge has not been fully developed.The lack of theoretical research on the patent pledge financing system,the backward legislation and the lack of relevant supporting system are the important reasons for restricting the further development of patent pledge financing in China.In view of this,the author expounds and analyzes the legal issues related to the patent pledge financing:The first chapter briefly introduces the research background and content of this paper.The second chapter discusses the current situation of financing of the pledge of patent rights and legal problems,putting forward the concept of the patent pledge financing,by describing the features of patent pledge,and then analyzing the differences between patent pledge financing and other pledged financing,then from the aspects of legislation and practice to explain China's patent pledge financing status.Finally,the author presents the main legal problems of China's patent pledge financing faces as an introduction,I will in the following on the legal issues of more specific analysis.In the third chapter,the author analyze the main legal issues of patent pledge financing.The author analyzes the legal problems faced by the patent pledge in our country from four aspects:the legal position of the pledge of the patent right,the scope of the subject matter,the problem of the pledge registration and other problems,and analyzes the small problem under each major question,so as to analyze the comprehensive problem Pledge of patent rights.In the fourth chapter,the author mainly discuss the legal risk of patent pledge.The legal risk is the unavoidable problem of the patent right pledge.This paper analyzes the patent pledge of patent right value instability risk,patent pledge effectiveness and belonging risk,these risks may cause difficulties to the pledgee while realizing the pledge,and credit institutions need to consider above-mentioned risk factors when accepting the patent pledge loan.The fifth chapter,based on the analysis of the current situation of patent pledge financing and the legal issues and legal risks discussed,the author puts forward some suggestions on how to improve our country's patent pledge financing system.From the set of patent pledge financing legal position,clearing the patent pledge financing subject scope,improving the registration system and summarize the experience and lessons,and putting forward the corresponding suggestion,hope to find a little role in promoting the further development of the patent pledge financing business in our country,which should be paid by the author of this paper research hard.The sixth chapter will summarize the research results and shortcomings of this paper.