Study On The Establishment Of The Pledge Of Patent In China

With the adventment of the science and technology, commodity market is improving day by day. The pledge of patent is one kind of innovation as a traditional guarantee system. It has a hugeness development potential in the commodity economy, science and technology. The pledge of patent is a guarantee way which refers to realize the guarantee creditor's rights, supposes to establish a standard patent pledge by the debtor or the third person. When the debtor can not repay the debt of session, the creditor should receive recompenses from the value of the patent first. As one kind of guarantee system, the pledge of patent system promotes financing system and the circulation of commodities to realize the creditor's rights. As intellectual property rights, it has the special right. In the practice, the pledge of patent faces to some difficulties. The article discusses the problem on the establishment of the pledge of patent based on the theory and the practice, as follows:Chapter one talks about the overview of the pledge of patent. In this chapterâ… discuss the requirement of the pledge of patent and analyze the special right characteristic on the hypothecate function. I also introduce the local legislation and local government policy basis of the pledge of patent.Chapter two recommends the scope of the object right of the pledge of patent. The claim of patent application could not be the object of the right of patent. The exclusive application and assignment right of patent could be the object of the right of patent, and it allows pledge on the same patent for many times.Chapter three talks about the principle and the measure about the patent valuation. In this part, analyzing the different influence of economic factor, law factor, technique factor is emphatically discussed.Chapter four recommends the registration contract of the patent. Emphasized to introduce the effectiveness of the pledge of patent. In China, registration is the one element of the establishment of property, but does not affect the effect of the contract.Chapter five mainly discusses about the actualities and improving of the establishment of the right of the pledge of patent system in our country. According to analysis our country current conditions:legislation lag, bad operability; The system of the patent evaluation is not matured; Technique market comparatively lag, the pledge of patent cannot be realized easily; The pattern of distribution in regulation is irrational. Aim to these questions, put forward to consummate the related legislation, strengthen the operability of the right of patent; improve the system of the patent evaluation; improve and perfect the trade fair to realizing the value of the pledge of patent; constitute regulatory system in order to keep away the risks.