Patent pledge loan refers to a new loan business in which enterprises, economic organizations and individual industrial and commercial households with independent legal personality approved by the administrative department for industry and commerce pledge the property rights of invention patents, utility model patents and design patents granted by China National Intellectual Property Administration according to law, obtain a certain amount of RMB loans from banks, and repay the principal and interest of the loans on schedule.
(A) the characteristics of the patent itself increase the risk of patent pledge loans.
The inherent characteristics of patent right, such as intangibility, timeliness, regionality and legal authorization, increase the unstable factors that affect the pledge loan of patent right, and make the patent right as the pledge object have some "congenital deficiencies".
(2) The patentee's credit awareness is low.
First of all, the principle of good faith, as the basic principle of civil law, is regarded as "imperial clause" by civil laws of various countries. However, the principle of good faith is not stipulated in the general principles of China's patent law. In this way, in the stage of patent application and approval, some patent applicants only want to obtain the patent right, but they don't disclose the key technical information, and they don't write the technical information of the patent into the patent specification truthfully. When the patent right is mortgaged in the future, there will be great uncertainty in both the evaluation stage of the patent right and the realization stage of the patent pledge right, which will increase the risk of the patentee.
(3) The value of patent right is difficult to determine.
Because the object of patent pledge is patent right, including invention, utility model and design. Among them, the pledge of patent rights is mostly based on invention patents, and the object of invention patents is essentially a profound technical solution. Patent rights do not have socially necessary labor time like ordinary products, so the value of patent rights cannot be obtained by simply calculating the material consumption and time consumption costs of obtaining a patent right.
(D) it is difficult to realize the patent right
Patent pledge is a priority. If the patent pledgee fails to pay off the bank loan within the time limit, the bank can realize the patent right and give priority to compensation. Although China has gradually established a number of national patent technology exhibition and trading centers in recent years, the patent right requires high technology and equipment, and it is still difficult to realize the pledge right. Sometimes, the pledged patent right will even become worthless because of the lack of patent trading market, which will seriously endanger the loan interests of lending banks and may even lead to the inability of bank loans to be recovered.
(E) Lack of risk-taking operation mechanism
As a typical "three high" enterprise, small and medium-sized scientific and technological enterprises combine high risk, high income and high growth, and high risk is one of their characteristics. Moreover, small and medium-sized science and technology enterprises are reluctant to lend funds to science and technology enterprises because of their small scale and few tangible assets to mortgage.
For reference.