Research on Patent Right Pledge
|School||East China University of Political Science|
|Keywords||Right pledge Patent right pledge License of exploitation Evaluation of intangible assets|
The 21st century is a brand-new era taking knowledge economy as dominant leading color. The scientific and technological strength become more and more important in the international competition. Under such background, practicing patent right pledge has important meaning nowadays. Patent right pledge can not merely combine technology with capital, which is able to form a good mode with the technological creativity and economic development promoting each other, it also can increase the consciousness of patent law, promote the enthusiasm of creativity, Thus developing patent right pledge for financing has become the consensus of the all circles of society of our country. However, the particularity of patent right cause that there are some particularity in the contract concluding, legal effectiveness and implement of patent right pledge. It also makes some difficulties to the practice of patent right pledge, Till June of 2006, there are just about 680 patents right pledge registered, which is only a small part of the enormous quantity of authorized of patent in our country (by February of 2007, the amount of authorized patent of our country is up to 1,793,786).Based on this, this thesis plans through combining theory and practice to discussing all steps of patent right pledge’s legal system, concretely analyses as follows:First chapter introduces the concept and characteristics of patent right pledge, analyses two characteristics of patent right pledge which is different from general pledge. This chapter also introduces the practice of domestic and overseas, pointing out that the main demand of using patent right pledge for financing is come from small and medium enterprises.Second chapter discusses the patent right pledge contract’s subject matter. The author puts forward that it’s necessary to distinguish the license of exploitation source from law provisions or contract; points out patent application right is not appropriate for pledge. This chapter also discusses the execution of patent right pledge, emphasis on discussing the character of contract of patent right pledge, puts forward that it need to change the registration’s nature form effective condition to the condition of adversary other people. Besides, this chapter discusses the questions of the necessity of patent certification’s delivery and the practicality of re-pledge on the same patent right.Third chapter discusses the effectiveness of patent right pledge. The author introduces that the patent right pledge’s validity scope should include the relating technological documents, meanwhile, and discusses the rationality of pledgee’s right on the agreement of license or transferring of the patent in pledge during the period of pledge.Fourth chapter discusses the questions of implement and extinction of the right to patent pledge. The author proposes that the clauses should be obliterated, that is, the patent right pledge contract should be invalidated when the contract term expired in the“Provisional rules for patent right pledge contract’s registration”.