专利权质押的难点研究

专利权质押难是一个不争的事实。本文从专利权质押的现状入手,着力分析专利权质押的难点:专利权的特性增加了专利权质押的风险,金融机构赢利性的本质制约了专利权质押业务的开展,法律政策的不完善加剧了专利权质押的难度。应完善立法,增强专利权质押的可操作性;政府介入,完善专利权质押设定机制;银行内部应建立专利权质押管理制度。

Patent impawn's difficulty research

As a mater of fact, patent impawn is very difficult in practice. On the background of the current patent impawn practice, this article attempts to sin- gle out several difficult points for further analysis: firstly, the immaterial nature of patent right leads to greater risk of patent impawn; secondly, the nature of financial institution to make profits restrains them from developing their patent impawn business; last but least, the imperfection of legal protection system and policy encouragement make it even worse for paten im- pawn practice. We strongly suggest that the perfection of legal protection system is urgent for a smooth oper- ation of patent impawn and an active role of government for a sound enactment mechanism of patent impawn. In the mean time, commercial banks should improve their interior management for the sack of a all -win patent impawn business.