Study Of Patent Pledge Financing System In China

As one of the important types of intellectual property rights,patent rights are becoming a critical indicator in measuring the level of economic and technological development of a country or region.With the continuous progress of science and technology,developed countries all attach importance to the role of intellectual property,and have issued relevant systems and policies to promote the development of intellectual property.China,In order to accelerate the process of independent innovation,solve the financing problems of small and medium-sized scientific and technological enterprises,promote the transformation of patent achievements,improve the competitiveness of science and technology,has launched and implemented the intellectual property strategy.Among them,the method using the patent right as the pledge of the financing model has received great attention.At present,China's patent pledge is still in its infancy,and there are plenty of problems to be solved,such as low participation of financial institutions,difficulties in patent value evaluation,imperfect transaction market,ineffective risk sharing mechanism,and difficulties in realization of pledge right.Methodologically speaking,this paper mainly adopts literature research method,comparative analysis method and empirical analysis method to study and analyze the patent pledge.It is divided into four chapters:Chapter one is the introduction.In this part,the paper mainly introduces the relevant background and significance of the research.The paper believes that the research is conducive to the completion of the patent pledge system in China,while solving the financing difficulties of SMES,and ultimately promoting the development of the patent pledge financing market.In addition,the Analysis of the domestic and foreign research status and development trends,understand of the latest research direction are covered in this chapter.This chapter also introduce the main contents and research methods of the paper,and demonstrate the related concepts of the patent pledge and its legal attribute,object and registration,so as to lay a foundation for the development of the following parts.Chapter two is the domestic patent pledge system and its problems.In this part,the paper introduces the domestic patent pledge system,and analyzes its main defects,including the lack of unified legislation,the inconsistent regulation in risk sharing across different regions,the deficiency of credibility in patent value evaluation result and the difficulty to implement the patent pledge system.In chapter three the paper draw attentions on overseas relevant systems and practical experiences of the patent pledge from perspectives of practice and system.Taking some developed countries like the United States,Japan,South Korea and Switzerland as the example,the author tries to find the reason why those countries are topping the list in the most advanced intellectual property system in the world.Learning their measures like unified legal systems,established specialized Banks,multiparty risk sharing system,completed value evaluation mechanism and sufficiently market resource allocation,etc,will contribute to the blossom of China's innovative ideas.The fourth chapter is the solutions to improve the patent pledge system in China.Putting the problems from the perspectives of legislation,risk sharing,value assessment,patent transaction market and realization of pledge right under the consideration,the paper aims to find a way to innovate the patent pledge system whilst to promote the further development of the patent pledge market in China.