论中小企业专利权质押融资法律风险的防范

专利权质押是中小企业融资的一种新途径。我国的专利权质押制度相对于美国、日本等国家起步较晚,现有的法律法规与相关的配套制度也不完善,加上专利权本身的独特性,导致了在利用专利权进行质押融资时债权人要面临较大的风险,从而挫伤了银行等金融机构向中小企业提供贷款的积极性,形成了实践中专利权质押融资难的现状。中小企业的融资困境成为阻碍自身发展甚至整个国民经济发展的主要原因。本文试图寻找最佳的专利权质押融资模式,完善专利权质押法律制度,降低专利权质押融资的市场风险和法律风险,使更多的科技型中小企业获得融资机会,在推动国家科技进步和经济发展方面起到积极作用。

The patent pledge is a new financing way of small and medium- sized enterprises. Compared to the United States, Japan and other countries, our country began to implement the patent pledge system late. The existing incomplete laws and regulations and the imperfect relevant supporting system, adding up the uniqueness of the patent right itself, caused that creditors would face bigger risks when taking advantage of the patent pledge financing. As a result, the enthusiasm of loaning of hanks and other financial institutions to small and medium - sized enterprises has been dampened, which has caused the difficulty of realizing the patent pledge financing in the practice. The financing difficulties of small and medium - sized enterprises have become the main cause of hindering its development as well as the whole national economic development. The author tries to find the best patent pledge financing mode by improving the legal system of patent pledge and reducing the risks of market and laws of the patent pledge financing to create more opportunities for small and mid -sized enterprises to obtain financing chances and play a positive role in promoting national scientific and technolog- ical progress and economic development.