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Patent certificates can be mortgaged, because authorized patents can apply for patents. Authorized patents are actually intangible assets, and the loan department will review the loan according to the value of the patent.
Second, can the patent certificate be mortgaged?
Legal analysis: At present, property rights can be used, but banks still have to look at the actual application of patents. Patents are still difficult without loans. Patent pledge process: ① application stage. The applicant enterprise submits the application materials to the Productivity Center, and the Productivity Center accepts them. ② Evaluation stage. ③ Guarantee stage. ④ Contract registration and loan issuance stage.
Legal basis: Article 36 of the Law of People's Republic of China (PRC) Commercial Bank, when a commercial bank lends money, the borrower shall provide a guarantee. Commercial banks should strictly examine the repayment ability and value of guarantors and the feasibility of mortgage and pledge. After examination and evaluation by a commercial bank, it is confirmed that the borrower has a good credit standing and can repay the loan, and no guarantee may be provided.
3. Which banks can I borrow money from with a patent certificate?
If you can apply for bank loans, banks generally support franchise loans. Please contact the bank for details. To apply for the pledge patent right, the borrower must have been granted by China National Intellectual Property Administration in accordance with the law, and have the patent right for invention, utility model or design; The remaining validity period of the pledged invention patent is not less than 10 year, and the remaining validity period of the utility model patent and the design patent is not less than 5 years; Pledged patent does not belong to national defense patent; Patent projects granted patent rights are in the substantive implementation stage, and have formed the scale of industrial operation, which has certain market potential and good economic benefits; Others are not allowed to implement it, or although others are allowed to implement it, there is no law. In addition, the borrower should also meet the following conditions: the enterprise has operating performance for more than two years (inclusive) and has been profitable continuously in the last two years; Abide by the credibility and have the ability to repay the principal and interest; The legal representative has no bad credit record; Except for an enterprise legal person that does not need the approval and registration of the industrial and commercial department, it shall go through the annual inspection formalities at the industrial and commercial department. \ It is reported that the maximum amount of patent right should not exceed 30% of the evaluated value of patent right in principle.
Fourth, can the patent certificate be lent?
Spread out completely
Yes, but there are some conditions:
Enterprises that have carried out intellectual property business can obtain intellectual property rights in the following ways:
1. Pledge with single or multiple patents.
2. Give priority to tangible assets as collateral and increase the loan amount with patent pledge.
3. The patent right is mainly pledged, supplemented by tangible assets mortgage or unlimited joint liability guarantee of the legal representative.
4. Pledge to the guarantee institution in the above way, and obtain bank loans by way of guarantee.
An enterprise applying for a patent right from a bank shall generally meet the following conditions:
In addition to meeting the conditions stipulated in the General Rules for Loans, the borrower applying for patent business must also meet the following conditions:
1, a scientific and technological small and medium-sized enterprise that can pledge legal and effective patent rights and has patent implementation ability and profitability;
2. Hold a loan card issued by the People's Bank of China that has passed the annual inspection.
3. The establishment time must be above 1 year (inclusive), with a fixed production and business premises and a stable workforce.
4. Clear property rights, reasonable organizational structure, sound management system and standardized operation;
5. The implementing enterprise used for patent pledge guarantee shall promise in writing that the transfer or authorization of the third party to use the pledge shall be subject to the consent of the commercial bank, and the transfer fee, license fee and patent implementation income shall be used to repay the loan first.
6. According to the needs of commercial banks, other guarantee methods recognized by banks or guarantee institutions can be provided; Able to provide contracts, purchase orders, invoices, etc. Have a real trade background and reflect the purpose of the loan;
7. Other conditions required by commercial banks.
Two, the patent pledge (hereinafter referred to as the "patent pledge") shall generally meet the following conditions:
1, the pledged patent right is limited to invention patents and utility model patents.
2. Pledged patent rights must be legal and effective, authorized, with strong profitability and good development prospects;
3. If the pledged patent right is a single patent, the patent right has been substantially implemented for at least 2 years (inclusive), and the patent is still in use and profitable when the borrower applies for a loan; If the pledged patent rights are multiple patents, at least 1 patent should have been substantially implemented for more than 2 years (inclusive), and the patent is still in use and profitable when the borrower applies for a loan;
Where the patent right has won a patent award at or above the municipal level, the use time of the pledged patent right may exceed 1 year (inclusive);
4. The validity period of the invention patent shall not be less than 8 years, and the existing validity period of the utility model patent shall not be less than 4 years;
5. Patent pledge shall not involve national security and secrets;
6. Other conditions stipulated by commercial banks.
Three, the following patent rights can not be used as a pledge:
1, the patent right is declared invalid or has been terminated;
2. The patent right has been started and the procedure for invalidation has not yet ended;
3. The loan term exceeds the validity period of the patent right;
4. There are many kinds of patent rights (including civil and administrative);
5. Patents without good market prospects;
6. Other conditions stipulated by commercial banks.