| Under the background of the strategy of strengthening intellectual property rights,more small and medium-sized enterprises(SMEs)in China focus on creation and innovation,and the quality and quantity of patents are continuously improved.However,SMEs often fail to effectively transform their patents due to the difficulties in financing,which delays their sustainable reinvention.Although patent right pledge financing can effectively solve the financing dilemma of SMEs and promote the conversion rate of patent achievements,as a new financing path,its development in China is still immature,and relevant regulations are scattered in laws and regulations at all levels,lacking a unified legal system,which makes it difficult to provide strong institutional support for the development of patent right pledge financing.Therefore,this paper takes the legal system of patent right pledge financing as the research object and analyzes the problems in the legislation and practice of patent right pledge financing in China in detail,so as to crack the difficult financing dilemma faced by SMEs holding core patents in practice and promote the sustainable innovation and independent innovation of SMEs.After reviewing the research status of domestic and foreign scholars,this paper focuses on the research of the legal system of patent rights pledge financing in China.Based on the research of domestic and foreign scholars,this paper defines the concept of patent rights pledge financing,as well as its temporal,regional,and high-risk characteristics.Through the relevant theories of law and economics and China’s related legislative policies,this paper provides some analytical ideas for the research of the legal system of patent rights pledge financing.By comparing the more typical patent rights pledge models formed in Beijing,Shanghai,and Wuhan in China with the more developed patent rights pledge financing in the United States and Japan,this paper broadens the research perspective and fully analyzes the legislative concepts and current situations of patent rights pledge financing legal systems in the United States and Japan,and appropriately draws on them.In summary,this paper identifies three issues facing the legal system of patent rights pledge financing in China,namely,the unclear scope of pledged targets,the relatively backward registration and establishment system of patent rights pledge,and the difficulty of realizing patent rights pledge rights.Corresponding suggestions are provided for the above problems,including:1)unifying the legal system of patent rights pledge financing and clarifying the scope of patent rights pledge targets;2)improving the system for registering and establishing patent rights pledge,establishing the effectiveness mode,examination mode,examination criteria,and network publicity platform for patent rights pledge registration;3)safeguarding the realization of patent rights pledge financing pledge rights.establishing a patent rights evaluation system,a patent rights auction system,and introducing a risk sharing and compensation mechanism. |
