Patent Pledge Legal System Research

In 2017,China's patent pledge financing amounted to 72 billion yuan,and the market value of intellectual property rights increased significantly.With the significant increase of patent ownership in China,the important task of the next stage is the use of patents.Patent pledge financing is an important part.It's the product of the combination of technology and finance.It's also one of the fastest and most effective ways for small enterprises to obtain funds.The patent pledge system not only guarantees the realization of creditor's rights,but also promotes the circulation of capital and commodities.It's an extremely important part of both the guarantee system and the intellectual property law system.Therefore,only by establishing a scientific and reasonable,perfect and harmonious legal system of patent pledge can China's patent pledge financing get a healthy,orderly and rapid development.Recently,the State Council has issued a series of notices and suggestions,putting forward clear requirements for the financing of patent pledge.However,China's patent pledge system started relatively late,the development is not mature enough,the scope of application is narrow,these restrict the pace of enterprise innovation and development.Therefore,it is necessary to study the legal system of patent pledge in China,find out its shortcomings,and give some suggestions for improvement,so as to provide reference for the legislative reform and the formulation of regional policies,and better solve the problems encountered by enterprises in the process of pledge financing.Through the in-depth interpretation of the concept of patent pledge,this paper makes a vertical comparison between patent pledge and other rights pledge systems,and makes a horizontal comparison between China's patent pledge system and foreign patent pledge system,finds out the defects and shortcomings of China's patent pledge legal system,and puts forward personal views and suggestions.Solutions,give reasonable suggestions to further enhance the role of patent pledge in promoting the development of enterprises.The main body of this article is divided into 4 chapters,as follows:The first chapter is an overview of the patent pledge system,through sorting out the historical evolution of the patent pledge system,and then taking the constitution of legal relations as a clue,analyzes the connotation and characteristics of the patent pledge system,and compares the patent pledge with the pledge of movable property and other rights,and finally analyzes the patent.The important significance of the pledge system in the economic and social development lays the foundation for the further analysis of the patent pledge system in the following chapters.The second chapter analyzes the current situation of the patent pledge system in China,and finds out the defects through the study,pointing out the deficiencies in the legislative system,legal content,supporting mechanism and risk prevention,etc.,paving the way for the following solutions.Chapter three studies the foreign patent pledge system and practice,explores the relevant system and practice of USA,JP,UK,FR and GE and other developed countries,in order to provide reference and beneficial reference for the development and reform of China's patent pledge system.In the fourth chapter,based on the actual situation of our country and the advantages of the foreign patent pledge system,the author puts forward some suggestions and analyzes the feasibility.The author thinks that we can establish a unified and harmonious legal system of patent pledge,enrich the legal content,improve the value evaluation system,and establish a wide range of patent pledge risk sharing mechanism and so on.