Can third-party intellectual property rights be pledged?

Intellectual property pledge financing refers to a financing method that enterprises obtain loans from banks with legally owned patent rights and trademark rights as collateral, aiming at helping small and medium-sized science and technology enterprises solve the problem of capital shortage caused by lack of real estate guarantee.

2. What intellectual property rights can be pledged?

Patent for invention, patent for utility model, patent for design and exclusive right to use trademark granted by China National Intellectual Property Administration in accordance with the law.

3. What are the forms of intellectual property pledge?

1. Single intellectual property pledge: intellectual property pledge is the only guarantee form for loans;

2. Intellectual property pledge plus third-party guarantee (guarantee company): intellectual property pledge is the main form of guarantee, and third-party joint liability guarantee (guarantee company) guarantee is the supplementary combination guarantee;

3. Pledge plus other collateral (movable property) portfolio loan: a portfolio loan with intellectual property as the main guarantee, fixed assets such as real estate and equipment as collateral, or personal joint and several liability guarantee as the supplementary guarantee.

4. How to operate the intellectual property pledge loan?

1. The enterprise to be loaned is initially docked with the lending bank, and preliminary opinions on pledge, loan amount and pledge rate are formed;

2. Entrust an asset appraisal institution to evaluate the value of intellectual property rights and issue a pre (formal) asset appraisal report;

3. Submit a formal evaluation report and other materials to the lending bank, and sign a loan contract and an intellectual property pledge contract with the lending bank after approval;

4, in conjunction with the bank or authorized relevant institutions to China National Intellectual Property Administration for patent or trademark pledge registration procedures;

5. Bank loans, corporate debt service.

5. How to register the patent pledge?

Submit:

Patent pledge registration application form (downloadable from China National Intellectual Property Administration website), patent pledge contract, pledger's and pledgee's identity certificate, power of attorney, agent's identity certificate, patent pledge registration application form shall indicate the effective evaluation report of the pledged patent, and the patent evaluation report shall also be submitted.

6. How to register a trademark pledge?

Submit:

Application for pledge registration of the exclusive right to use a trademark, photocopies of the pledger's and pledgee's business licenses (with the seal of the bank), identity certificate of the agent and relevant supporting documents, photocopies of the master contract and pledge contract, list of pledged property and proof of value, and other materials that need to be submitted under special circumstances of the pledged trademark.