Research On Legal Prevention And Control Of Basic Asset Risks In Patent Asset Securitization

At present,in the context of the national intellectual property strategy and the national innovation-driven development strategy,the number of patent applications in China has soared,and technological innovation is in good situation.The number of technology-based enterprises is increasing day by day,and their demand for funds is also growing.With the asset securitization market growing,more and more innovative companies are aware of the enormous value of corporate patent assets and are beginning to focus on patent assets securitization.Indeed,the ideal patent assets securitization can be supported by patents owned by enterprises and the related claims derived,financing through issuance of securities for the capital market.Compared with traditional financing,this mode brings lower cost,better speed and greater amount.However,in practice,due to its patent characteristics,the underlying assets risk of patent assets securitization is more fatal than other traditional ones.Just like a sword of Damocles hanging on the heads of patent assets securitization main parties,it will fall at any time,causing serious consequences.Therefore,it is necessary to study underlying assets risk of patent assets securitization.Through four chapters,this paper studies the legal prevention and control mechanism of the underlying assets risk of patent assets securitization.The first chapter,which is the basis of the whole research,introduces the theories of patent assets securitization and the underlying assets.The second chapter systematically identifies and analyzes the underlying assets risk of patent assets securitization,and divides it into legal risk and technical risk,analyzing them in a detailed list.The third chapter introduces relevant experience in risk prevention and control of underlying assets conducted by other countries and organizations such as the United States and the European Union,which provides rich practical experience for China.The fourth chapter,based on the current situation in China,explores the implementation of underlying asset risk prevention and control throughout the entire process of securitization.Improve patent examination management supervision system beforehand for a better patent quality.Carefully select patent underlying assets for assets pool in the beginning,make rational use of credit enhancement and credit rating in the process of securitization.Every step is to be controlled to realize the legal prevention and control of the underlying assets risk of patent assets securitization,and to increase the possibility of successful patent assets securitization.