Study On The Patent Pledge System Of China

Security Law as well as the Property Law in our country has been clearly stipulatedthe patent pledge system. In recent years, our country’s patent pledge system has beengradually developed, but there is a big gap between China and the developed countriesboth in research and in legislation aspect. The practice problems that patent pledge systemencountered, on the one hand, put forward the request to our theory, on the other hand theyalso provides a rich research material to our theoretical research. Therefore, study thepatent pledge system has significant meaning both in theory and practice. This thesismainly divides into six parts: The first part introduces the basic theory of patent pledgefinancing, including the conception, character and nature of patent pledge. The second partanalyzes the object of patent pledge. After analyzing the object scope of patent pledge, thethesis focuses on discussing the right to apply for a patent, patent permission rights, thepatent pool can be the patent pledge. The third part is the legal effectiveness analysis ofpatent pledge. On one hand, we analyze the scope of the claim, to which the patent pledgeis guaranteed. One the other hand, we focus on the content and configuration of the rightsand obligations between the parties. The forth part studys the implementing approaches ofpatent pledge. The thesis analyzes the situations where the renter can realize his right, theregulations which stipulate the implementing approaches of patent pledge in terms ofpublic acid force and self-help approaches. The fifth part describes the reality of the patentpledge system in China. First of all, the paper concludes the three patterns of patent pledge,then sums up the problems which exist in the present patent pledge system. The sixth partputs forward some suggestions on perfecting the patent pledge system in China. The paperbrings forward four advices on solving problems which sums up in the fifth part.Following is the four advices: definituding the object range of patent pledge, introducingeliminating system in mortgage system to patent pledge system, introduction of patentinsurance to disperse the risk of the creditors, regulating diversified implementingapproaches of patent pledge.