Research On The Legal Problem Of Patent Right Pledge

Intellectual property has been highly regarded as an important strategic resources inthese field, such as promoting economic growth, motivating market property and soon. It is an innovation to make use of intellectual property to pledge against traditionalguaranty of pledge, which is very promising. Compared with many countries in whichthe patent pledge has been confirmed and practiced, the patent pledge of publicfinancing activities launched late with incomplete laws and regulations. Althoughguarantee law, Property Law and Patent Law have made regulations on the patentpledge public financing system, these regulations can not resolve the problems thatexisted. Principle legal norm, lack of specific operation and incomplete relativeregime of the patent pledge (such as unscientific value evaluation of the patent pledgefinancing legal system, unestablished creditor risk guarantee system and so on) areobstacles for the healthy development of the patent pledge in China.The article has had a deep research on the condition of the patent pledge andresolutions through analyzing the problems of some practical cases in China. Firstsection has analyzed the problems existing in the process of the patent pledge ofpublic financing activities by a specific case. It has illustrated in four aspects. First,there existed problems in the efficacity of patent pledge registration. Second, thescope of pledge is not unclear. Third, the interests of pledgee are not safeguarded in aproper way. Last, there are obstacles for patent pledge value evaluation. It can studythe condition of patent pledge, and then put forward legislative proposals andresolutions by these problems.Second section has made a specific illustration for thepatent pledge registration efficacity. First, analyzing the regulations of patent pledgeregistration in laws and confirming the establishment of patent pledge as registrationvalidity doctrine. Second, it gave the reason for adopting ‘registration validitydoctrine’. The author put forward the view: the establishment of patent pledge shouldregard registration as antagonism and illustrated the reason of adopting registrationvalidity doctrine.Third section has given a definition for patent pledge object, whichanalyzes in two aspects. First, it analyzed the qualification for patent pledge object. Itis legal, valid and transferable property right. Second, the author has given views onthe extension of patent pledge object and regarded the patent application right andoperation permission as pledge objectForth section has strengthened the protection forpledgee. It illustrated in two aspects for the regulations and proposal of legislativeconsummation of pledgee. First, it put forward the protective contents from Guarantee Law, Property Law and so on. Second, relative legislation should be perfected. Thepledgee can have transfer right and revocate the operation permission act, And theright of subrogation of pledge e can be expanded in a proper way.Fifth section putforward one obstacle for the patent pledge value evaluation, and then pointed theproblems and gave resolutions from the patent pledge value evaluation condition.Establishing scientific evaluation system, perfecting the legal responsibilities of patentevaluation institutes and evaluators, making relative risk guarantee system are themain resolutions. The article is an innovation. It shows the problems of patent pledgepractice. And it puts forward a new method to promote the patent pledge financingissue for medium-sized and small enterprises to scale up and promote the economicproperty in China.