Intellectual property pledge loan business has been carried out, and enterprises can obtain intellectual property pledge loans 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 pledge loan from a bank shall generally meet the following conditions:
A borrower applying for patent pledge loan business must meet the following conditions in addition to the conditions stipulated in the General Rules for Loans:
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 various disputes over patent rights (including civil disputes and administrative disputes);
5. Patents without good market prospects;
6. Other conditions stipulated by commercial banks.