Set On The Right Of Patent Quality

With the advent of the era of knowledge economy, the value of intangible assets represented by intellectual property is gradually being realized. The role of the intellectual property in the construction of national economy is more and more prominent. In this context, research and develop the pledge of patent for financing system has an important significance of time. On the one hand, the two important scientific and technological factors—technology and finance may relate in together, form a mutually reinforcing virtuous cycle; on the other hand, it can cultivate a society patent awareness, enhance community create enthusiasm, so as to enhance our independent innovation capacity and Technology R & D level. the establishment of the right of pledge of patent system could provide a strong protection to the patent pledge for financing system from system level. However, Regardless of in legislation or in theory, the researching on the establishment of the right of pledge of patent have yet to be further improved. Based on this idea, in a number of legal issues of the establishment of the right of pledge of patent system are preliminary discussed with a view to improving the quality of our country's establishment of the right of pledge of patent system.Chapter I is an overview of the right of pledge of patent. This chapter includes three parts. The first part is the meaning of the right of pledge of patent. At this part, I explain the concept of the right of pledge of patent, analyze the difference among the right of pledge of patent,the right of pledge of movable property,other the right of pledge of right. I think the main difference between the right of pledge of patent with other types of right of pledge of right is the subject matter of a pledge on the property. The second part is about the nature of the right of pledge of patent. In the part I analyze the property nature of the right of pledge of patent, the security nature of the right, the value nature of the right, the non-transfer of possession nature and high-risk sexual characteristics of the right. The right of pledge of patent to consider owning both the normal quality of property and the characteristics of its own is obvious. The third part is the scope of the object of the right of pledge of patent. In this part, theoretical basis and legal basis of patent as object of the right of pledge be clarified. The empowerments of patent could not be the object of the right of pledge of patent is proposed. And, in this part, the reasons of the right of patent application can be the object of the right of pledge of patent is emphatically discussed.Chapter II is the establishment of the right of pledge of patent. The establishment of the right of pledge of patent includes the publicity ways of the establishment of the right of pledge of patent and the signing of the right of pledge of patent contract. At the same time, setting up a right inevitably concerning with the rights and obligations of both parties agreed. The publicity ways of the right of pledge of patent is registration, rather than delivery. The right of pledge of patent contract is the true expression of free will of the parties, what are the root causes of the establishment of the right of pledge of patent. Under the law, the right of pledge of patent contract must be taken in writing. Registration is the one element of the establishment of property, but does not affect the effect of the contract. The effect of the right of pledge of patent on the parties is the restriction and expansion of their rights. The effectiveness of the right of pledge of patent also includes the scope of the secured claims and the scope of subject matter. The scope of claims which is secured by the right of pledge of patent includes claim and its main interest, liquidated damages, damages and the cost of realizing patent quality. The scope of the object to the effect of the right of pledge of patent mainly includes subject matter's from object, incomes, subrogation object, etc. In this section, the right to quality and duplicate pledge problems are discussed. In the pledge of patent, the right to quality does not exist.Chapter III is about the deficiencies and improving of the establishment of the right of pledge of patent system in our country's law. This chapter consists mainly of two parts: First, the deficiencies of the right of pledge of patent system in our country's law. The legal about the establishment way of the right of pledge of patent, the scope of the object, the rights and obligations of the parties are unclear, which make the law is lack of maneuverability. Laws and regulations are lack of coordination between each other, so a virtuous circle of legal system can not be created. The other part is about the improving of the establishment of the right of pledge of patent system. The view of clearing the concept and characteristic of the right of pledge of patent in legislation, clearing the scope of the right of pledge of patent, clearly providing in the course of establishment of right of pledge of patent does not delivery of quality material, clearly providing the effectiveness of the right of pledge of patent and coordinating the department's legislative to avoid the conflict between law and regulations be voiced.