Research On Assignment Of Right To Use A Patent

With the progress in the science and technology, the coming of cyber era and the increases in the technique trading, many patentees obtain the value of patent through granting a license. From this,patentee give up the monopolization of patent and share the interest with licensee, while licensee has the right to commercially work the patented invention to the extent prescribed in this Law or laid down by the license contract. But, the problem is that could license be transferred? To this point, the law of China does not regulate explicitly and the research on this problem is little as well. The capitalization of patent using right is well accepted by many people nowadays. In many countries, including Japan, Korea and England, the law regulate that the right to use a patent could be pledged. Moreover, there is precedent that allowing patent using right to invest early in USA. Obviously, the omission of assignment system of patent using right is not enough to meet the need of trade in our country. Therefore, this thesis will discuss the problem how to construct the assignment system of patent using right based on national conditions and combining with foreign judicial practice. Firstly, it will introduce the basic conception of patent using right and the assignment system of patent using right. Then, it will study the theoretical foundation and the conditions of assigning patent using right. Finally, this assay will pay much attention on the effect of assigning patent using right. Assignment of patent using right is the important component of the patent using system. It involves the profits of patent, assigner, and assignee. Studying on the theoretical foundation and the construction of assignment system is not only with great theory value, and also a subject that can not be ignored in the daily life. I want to use this paper to attract more people to pay attention to this question. And I also want to do something beneficial for our patent using system.