Patent pledge loan refers to a kind of credit business in which the property rights of invention patents, utility model patents and design patents that have obtained patent certificates in China National Intellectual Property Administration are pledged, and a certain amount of credit funds are obtained from banks to repay the loan principal and interest on schedule.
Two, the patent pledge loan application object
Enterprises, institutions and legal persons with technological advantages whose invention patents, utility model patents and design patents have been granted patent certificates by China National Intellectual Property Administration according to law.
Three, the patent pledge loan application conditions
1. The conditions for applying for patent pledge loan are:
(1) The validity period of the invention patent shall not be less than 10 years, and the validity period of the utility model patent and the design patent shall not be less than 5 years.
(2) The patent right does not involve national security and confidentiality.
(3) The patented project that has been granted the patent right is in the substantive implementation stage, and has formed the scale of industrial operation, which has certain market potential and good economic benefits.
(4) Credit business is limited to working capital loans and acceptance business.
2. You cannot apply for a patent pledge loan under any of the following circumstances:
(1) The patent application was not patented.
(2) The patent right is declared invalid or terminated.
(3) The patent right is initiated and declared invalid.
(4) There are various patent disputes (including civil disputes and administrative disputes).
Four. Business process of patent pledge loan
A the entity applying for patent pledge loan shall apply to the local intellectual property office and submit the following materials:
(1) Patent pledge loan application.
(2) announcement documents (including specifications, claims, abstracts, etc.). ) grant a patent right.
(3) Patent certificate (original and photocopy), and the invoice for paying the annual patent fee in the previous year.
(4) the patent legal status inquiry report, relevant product inquiry materials, and the evaluation report of the patent appraisal institution on the pledge value of the patent right.
(5) A copy of the business license and organization code certificate of the enterprise.
(6) Relevant materials proving that the patent right has been industrialized.
(7) the year-end financial statements of the last two years.
(eight) the written commitment of the patentee to pledge the patent right. If a patent has more than two patentees, all patentees shall make a written commitment to pledge the patent right.
B. The relevant materials for applying for patent pledge loan shall be preliminarily examined by the local intellectual property office.
C. The local intellectual property office shall issue a recommendation to the lender on the patent pledge loan application passed in the first instance.
D. Where a patent pledge loan is made by counter-guarantee, a guarantee contract or guarantee agreement and related materials shall be submitted to the Municipal Intellectual Property Office.
E. After receiving the Notice of Registration of Patent Pledge Contract sent by China Intellectual Property Office, the unit applying for patent pledge loan shall file with the local intellectual property office, and the Municipal Intellectual Property Office shall notify the lender with the Notice of Registration of Patent Pledge Contract.