Research On The Legal System Of Patent Pledge Financing In China

As a new industry,intellectual property plays an important role in economic development.Most scientific and technological enterprises are in the forefront of scientific and technological innovation.Through scientific and technological research and development,enterprises produce products suitable for market demand,and then make profits.Intellectual property rights mainly include trademark rights,copyright and patent rights,among which patent rights have the highest scientific and technological content and relatively high contribution in the tide of economic development.To realize the value of patent right,we need to transform the intangible technology into the real productivity.However,from the current situation of patent development in China,the result is not very optimistic.China’s intellectual property related legal system is not perfect.At this stage,there are still many patent rights in China that have not been transformed into productive forces and have not played their due economic value.As an intangible asset of an enterprise,the value of patent right is considerable,but restricted by its high degree of professionalism,ordinary enterprises can not directly use and transform it,and the realization of patent value will encounter some difficulties.The main difficulty is that a large amount of money needs to be invested when patents are transformed into productive forces.However,many small and medium-sized enterprises do not have enough money to implement their own patent rights.Therefore,using patent rights to finance has become one of the main ways for the development of small and medium-sized enterprises,It can be seen that it is particularly important and urgent to strengthen the related research on patent and patent pledge financing.The first part: the background of the topic,the significance of the research,the research review at home and abroad,and the content and methods of the research.The second part: the concept and nature of patent pledge financing,the characteristics of patent pledge financing,the differences between patent pledge and chattel pledge and other rights pledge,the current situation of patent pledge financing in China and the summary of legal system.The third part: the problems of the legal system of patent pledge financing in China.The main problems are as follows: first,the legal system related to patent pledge financing is not coordinated enough.At present,there is no special legislation on patent pledge financing in China,and the existing relevant legal system is relatively summarized.Second,the scope of the subject matter of patent pledge is small.Third,there are limitations in the way of realizing the right of patent pledge in China.When the pledgor is unable to fulfill the debt,it can not guarantee the realization of the right of pledge.Fourth,China’s patent value evaluation system is not perfect.Fifth,China’s patent pledge registration system is not perfect.Sixth,there is no mechanism to reduce the financing risk of patent pledge in China.The fourth part: the legislation and implementation of patent pledge financing in the United States and Japan and the enlightenment to China.The United States and Japan have formed a relatively perfect legal system related to patent pledge financing.The registration of patent pledge in the United States is similar to registration antagonism.There are corresponding financing guarantee organizations in the United States and Japan,such as the small and medium enterprises administration and m-cam company in the United States,the national Credit Guarantee Association of Japan,The existence of these guarantee organizations reduces the risk of the patent pledgee,and can better protect the development of patent pledge financing.In addition,Japan also has a perfect patent value evaluation system.Japan attaches great importance to the research of patent value evaluation and the cultivation of talents for patent value evaluation.The fifth part: suggestions on improving the legal system of patent pledge financing in China.First,we should coordinate the relevant legal system of patent pledge financing in China,and suggest that the special legislation of patent pledge financing can be formed.Second,as a kind of patent right,patent application right has property,transferability and pledge.It is suggested that the patent application right should be included in the object of patent pledge financing.Thirdly,it is suggested to further improve the way to realize patent pledge.Fourthly,it is suggested that the valuation of patent rights should be taken as the pre procedure of the pledge of patent rights,the establishment and research of the professional evaluation institutions of patent rights should be strengthened,the construction of the talent team for the valuation of patent rights should be strengthened,and the behavior of the appraisers should be regulated by law,and the legal responsibilities of the appraisers should be clarified,so as to learn from foreign experience,Record the authoritative patent value evaluation report and patent pledge financing contract.Fifthly,we should improve the registration system of patent pledge financing in China,and suggest that the patent pledge financing can be changed into registration antagonism system.Sixthly,it is suggested to improve the risk sharing mechanism of patent right pledge.We can share the risk of the Pledgee of patent right by introducing the financing guarantee institution of patent right pledge,establishing the risk compensation system fund,and introducing the insurance system,so as to better promote the development of patent right pledge financing in China.