Research On Legal Issues Of Patent Asset Securitization

With the implementation of the strategy of strengthening China’s intellectual property rights,the innovation potential of science and technology enterprises has been constantly stimulated.According to the statistics of the State Intellectual Property Office,as of the end of2020,China’s effective number of invention patents was 3.058 million,but many of them valuable patents have not been fully utilized,or even become permanent "sleeping patents".So how to make effective use of patent becomes the key to give full play to the value of patent.With its unique operation structure,patent asset securitization has become a new trend in the development of patent operation.It provides a new channel to solve the problem of realizing patent value and financing problems of small and medium-sized technology enterprises.Papers around the patent securitization operations will be divided into five parts.The first part is the basic investigation of the operation of patent asset securitization,mainly investigating the concept of patent asset and patent asset securitization as well as the legal relationship between the operating subjects,and analyzing its operation principle.On this basis,through the analysis of the three popular patent asset securitization operation structures: "trust type","special asset management plan type","double layer SPV type",the advantages of patent asset securitization operation.The second part of the paper studies the legal problems existing in the operation of patent asset securitization.The legal problems existing in the construction of the basic asset include the integrity,stability and independence of the basic asset due to the change of the legal status of the patent licensing proceeds.The legal problems in the operation procedure of patent asset securitization are embodied in the position of special purpose institution,the identification standard of "true sale",the design of bankruptcy isolation system and the content of information disclosure.These problems hinder the development of China’s patent asset securitization operation.The third part of the paper analyzes the reasons for the existing legal problems in the operation of patent asset securitization in China,including the lack of laws and regulations to regulate the operation,the lack of a perfect evaluation system,the complexity and vulnerability of the operation structure and the loopholes in the current information disclosure system.In facing operations with a patent securitization in China on the basis of studying the legal problems and reasons,the paper,the fifth part discusses the typical cases of American and Japanese patent securitization operations,legislative practice and information disclosure system,by comparing the two countries concluded part 6countermeasures to solve the problem of patent securitization operation law in our country.First,we need to speed up relevant legislation.Patent securitization operation in our country has fully the feasibility of legislation,legislative work to choose a suitable legislative path,clear patent licensing of remuneration of the independent legal status,ensure usufruct of patent licensing law is stable,clearly China should choose "trust" operating structure,rules "the standard of true sale,redesign bankruptcy isolation system,perfect the information disclosure system.Secondly,the administrative supervision and judicial supervision on the operation of patent asset securitization should be strengthened.Finally,patent insurance should be used to resolve the legal problems existing in the basic assets and the legal problems existing in the operation procedure,so as to ensure the rapid development of patent asset securitization in China.