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".
As the most unstable object of intellectual property, patent right has many provisions in law, such as revocation procedure, invalidation procedure and objection procedure; If the patentee fails to pay the annual patent fee on time, there is also the risk of being revoked; At the same time, patent rights are easily involved in patent disputes such as patent infringement litigation, patent ownership litigation and patent administrative litigation, which invisibly increases the instability of patent value. In addition, because the patent right is a typical intangible property, it is a kind of information, so the pledge of patent right can not be applied to the provisions of general tangible transfer possession, and the establishment of patent right pledge does not need to transfer the possession of pledge, which also increases the risk of patent right pledge loan to some extent.
(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.
Secondly, because the establishment of patent pledge does not need to transfer possession, the patent is still occupied and used by the patentee, which requires the patentee to have a high sense of integrity, actively safeguard the interests of the patent pledgee, and effectively manage and use the patent to ensure the realization of the rights of the patent pledgee. However, at present, China's overall credit awareness is low, patent infringement between enterprises occurs from time to time, and the patentee's awareness of rights is not strong. In this case, the lack of the patentee's credit consciousness will make the patentee take more risks. This has also reduced the enthusiasm of financial institutions to carry out patent pledge loan business to a certain extent.
(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. At present, there are no special laws and regulations on patent value evaluation in China. In practice, most patent value evaluation institutions use the method of tangible assets evaluation when evaluating patent value, and sometimes even the evaluation values vary greatly because of the different evaluation methods adopted. Such an authoritative value assessment result is obviously unacceptable to banks. Therefore, the difficulty in evaluating the patent value is the first bottleneck restricting the patent pledge loan.
(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. Therefore, the difficulty of patent pledge is the second bottleneck restricting patent pledge loans.
(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. The author thinks that besides the demand of market economy, the government's policy help and support is also an important factor for the smooth implementation of patent pledge loans. The Outline of the National Medium-and Long-Term Scientific and Technological Development Plan (2006-2020) issued in 2005 has clearly stated that it is necessary to "implement financial policies to promote innovation and entrepreneurship, and establish and improve an intellectual property credit guarantee system to encourage technological innovation of small and medium-sized enterprises". In the field of patent rights, the credit guarantee system of intellectual property rights can also be called the patent pledge system. Subsequently, people's governments at all levels have successively adopted a number of systems, including giving discount to patent pledge loans, but the overall effect is not great. To sum up, although local governments are trying their best to promote the development of patent pledge loan business, banks and other financial institutions are not keen on this business because of the high risk of patent pledge loan. Patent pledge loan is risky and there is no operating mechanism to bear the risk. Therefore, it is expected that there will be the dilemma of the current patent pledge loan. Therefore, the lack of risk sharing mechanism is the third bottleneck restricting patent pledge loans.