The Research Of Patent Pledge System In China-from The Perspective Of Economic Function Of Patent Pledge

Nowadays, technology acts an more and more important role in the developmentof economy. The core of the competitions in various fields among the countries in theworld is science and technology.The concept that the science and technology is theprimary productive force is generally accepted by the international community. In thiscontext, how to use the patent which is an important form of technology, and makefull use of the patent rights to promote the economic development becomes awidespread concern.Like other property forms,the patent rights also contain two typesof property value, use value and exchange value. The practice of the pledge of patentrights is not only a real need,but also an inevitable result.The pledge of patent canhelp patent owner solve the financing problem,and has a considerable significance tothe development of Chinese national economy.This paper use the basic theory of the patent pledge as a starting point to studythe legal issues related to patent pledge.Comparing with common law and civil lawprovisions on patent pledge system, this paper analyses the problems of our patentsystem,and gives solutions ideas. Specifically speaking, this paper is divided into fourparts:The first chapter defines the concept of the patent pledge, and introduces itscharacteristics. This part also describes the economic function of the patent pledge. The second chapter describes the patent pledge legislation and practice incommon law and civil law systems.The two selected representative countries areanalyzed to give an example on how to make law and put patent pledge into practiceto our country.The third chapter introduces the patent pledge legislation and practice inChina.By listing current legislative provisions on patents in our country, this partreveals the current station that legislation is scattered and not systematic. In this part,there are introductions about the specific practice in different provinces in China.Thischapter expresses that compared with the developed countries, Chinese patent systemis low-level and have a relatively large space to develop.The fourth chapter analyses the existing problems of Chinese patent pledgesystem, and proposes solutions in various different points of views.