Patent pledge is a common and effective means of financing in society. Between enterprises, with the increasing pressure of market competition, enterprises often have economic shortages, and need to find some channels to obtain funds. If enterprises have patent rights, they can be used as guarantees when lending.
First, the conditions and process of patent pledge loan
1. The applicant entrusts relevant institutions to apply for credit from commercial banks.
Supplementary note: The basic conditions for an enterprise to apply for a patent pledge loan are as follows:
(1) The registered place is an enterprise or institution as a legal person.
(2) Invention patents, utility model patents and design patents granted with patent certificates in China National Intellectual Property Administration according to law.
(3) The validity period of the invention patent is not less than 10 year, and the validity period of the utility model patent and the design patent is not less than 5 years.
(4) The patent right does not involve national security and confidentiality.
(5) 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.
2. After receiving the applicant's loan application, the commercial bank needs to go to the recognized institution for application evaluation and reply to the borrower in time.
Supplementary note: The evaluation contents include: the borrower's loan purpose, credit status, repayment ability, information authenticity, basic information of patent rights, etc.
3. If a commercial bank agrees to lend money, the applicant shall apply to the local intellectual property office for pledge review and submit relevant materials. The Municipal Intellectual Property Office will issue recommendations after preliminary examination.
4. If the Intellectual Property Office passes the pledge application, the applicant shall submit relevant credit information to the commercial bank. If the uncommitted credit information does not meet the standard, the commercial bank will require the applicant to supplement the relevant information.
Supplementary note: The materials that the applicant needs to submit are:
(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 (original and photocopy) for paying the annual patent fee in that 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 three 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.
5. Commercial banks conduct credit investigation and approval of applicants.
6. After the approval of the commercial bank, the borrower shall go through the pledge registration formalities in China National Intellectual Property Administration within 20 working days from the date of signing the written loan contract. After the registration is completed, the applicant shall submit the pledge registration information and the opinions of the local intellectual property office to the commercial bank.
7. If the borrower reaches a preliminary loan intention with the commercial bank, the borrower will entrust a patent asset appraisal institution to issue a patent asset appraisal report, and sign a loan contract and a patent pledge contract with the lending bank based on the report and related materials to implement the issuance and management of loans.
Supplementary note: The materials that the applicant needs to submit include:
(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 (original and photocopy) for paying the annual patent fee in that 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.
Second, the meaning of patent pledge loan
Patent pledge loan refers to a new loan business in which enterprises, economic organizations and individual industrial and commercial households with independent legal personality approved by the administrative department for industry and commerce pledge the property rights of invention patents, utility model patents and design patents granted by China National Intellectual Property Administration according to law, obtain a certain amount of RMB loans from banks, and repay the principal and interest of the loans on schedule.
Three, the term of the patent pledge loan
The term of the patent pledge loan is generally not more than one year. If the term exceeds one year, the lender may require the borrower to re-evaluate the pledged patent right or provide other forms of supplementary guarantee. The interest rate of the patent pledge loan shall be implemented according to the loan interest rate of the same grade published by the People's Bank of China.
Legal objectivity:
Article 7 of the Measures for the Registration of Patent Pledge: To apply for the registration of patent pledge, the parties concerned shall submit the following documents to China National Intellectual Property Administration: (1) An application for the registration of patent pledge signed or sealed by the pledger and pledgee; (2) Patent pledge contract; (3) Identification certificates of both parties; (4) If an agent is entrusted, a power of attorney shall be submitted. (5) Other materials that need to be provided. If the patent right has been evaluated, the parties concerned shall also submit an asset evaluation report. All documents submitted by the parties shall be in Chinese except the identity certificate. If the identity certificate is in a foreign language, the parties concerned shall attach a Chinese translation; Not attached, as not submitted. For the documents specified in the first and second paragraphs of this article, the parties may submit electronic scanned copies.