The Study On Patent Pledge FInancing Strategy Of The SMEs

Under the environment of knowledge economy,intellectual capital will gradually replace physical capital and financial capital,and become an important thrust of economic development.Intellectual property represented by patent right is the right of intellectual capital,which is endowed with monopoly competitiveness through legal protection.The stable and sustainable development of small and medium-sized technology-based enterprises is related to the sustainable and healthy development of the future economy,but financing difficulties have become the bottleneck of the development of small and medium-sized technology-based enterprises.In recent years,patent pledge financing is an important measure to help small and medium-sized enterprises to alleviate the financial pressure and financing difficulties,but there are certain legal risks in the process of implementation for both technology-based small and medium-sized enterprises and lenders.In view of the current situation of patent pledge financing of small and medium-sized technology-based enterprises in China,as well as the existing legal problems such as the limitation of the scope of the subject of patent pledge,the limitation of the setting of patent pledge and the difficulty of the realization of patent pledge,this paper puts forward the following suggestions:expanding the scope of the subject of patent pledge,improving the establishment of patent pledge,improving the realization of patent pledge and improving the legal system of intellectual property Internal prevention and control strategies.This paper is divided into four parts.In the first part,by analyzing the economic status,capital demand and financing situation of small and medium-sized technology-based enterprises in China’s industrial structure,we think that the development of small and medium-sized enterprises needs to come from the capital investment of the external environment.For small and medium-sized technology-based enterprises,the biggest constraint to their growth comes from the shortage of capital.How to solve the financing difficulties of such enterprises The problem has become one of the urgent problems in China.Combined with the research in this field at home and abroad,it is pointed out that financing difficulty has been an important obstacle to the development of small and medium-sized technology-based enterprises.The introduction of intellectual property pledge financing mode provides a new development channel for such enterprises to obtain funds.The second part analyzes the financing difficulties of small and medium-sized technology-based enterprises in China,the current situation of domestic patent pledge financing,the problems of patent pledge financing in China,and the attempts made by the Chinese government in recent years with the difficulties of patent pledge financing of small and medium-sized technology-based enterprises,and points out that a comprehensive and in-depth discussion on the patent pledge financing of small and medium-sized technology-based enterprises is needed The necessity and urgency of.The third part focuses on several legal issues faced by the current technology-based small and medium-sized enterprises patent pledge financing:first,China’s restrictions on the subject of the patent pledge,including whether the patent application right can be used as the patent pledge,there is no clear provision,which makes the enterprise’s financing guarantee assets reduce and thus reduces the enterprise’s willingness to pledge the patent financing;second There are still some defects in regulating the registration and establishment of patent pledge and other relevant laws and regulations,resulting in the operational difficulties in the objective reality;thirdly,in the process of the realization of patent pledge,there are still some irrationalities in the provisions of the law,and the value fluctuation brought by the stability of the right of the pledge in the financing of patent pledge leads to the patent The overall risk of hypothecation financing is too high.Finally,on the basis of the above-mentioned situation and problems,we put forward relevant suggestions,including broadening the scope of the subject of patent pledge,improving the registration and establishment system of patent pledge,and establishing an effective evaluation system to ensure the value of patent for the whole technology-based SMEs patent pledge financing law to provide relevant help.In addition,to solve the problem of financing difficulties of small and medium-sized technology-based enterprises,it is necessary for enterprises themselves,governments,markets,banks and other financial institutions to participate in and work together to create a fair and reasonable market environment for small and medium-sized technology-based enterprises,maintain stable and sustainable development,and solve the problem of financing difficulties.