Reaserch On The Legal Issues Of Patent Pledge

Financing issue is an important issue for companies today.For this reason,local governments vigorously introduced the patent pledge model to solve the problem of capital supply for enterprises.At present,under the strong support of the government,the number of pilot cities for patent rights pledges has increased year by year.From the original Beijing,Shanghai,and Shenzhen cities where the rapid development of science and technology was piloted,it has been developed to a pilot nationwide.However,at the same time as the generalization of patent right pledges,there are still many deficiencies concerning the legislation in this area.The existing laws and regulations still need to be perfected.In particular,legislation should be adopted to increase the protection of the pledgee.In this regard,this article elaborates on the three directions of theoretical analysis,problem introduction and solution,and proposes some solutions to the legal problems existing in the pledge.The main content of the thesis: Firstly,it elaborates on the concept,nature and particularity.Secondly,it analyzes the current status of patent pledge in China,puts forward the legal issues in current practice,and puts forward suggestions for improvement.In terms of the establishment of patent pledges,the subject's asset assessment was introduced.It was demonstrated in terms of the importance of the assessment of the pledged subject matter,the main factors affecting the evaluation of the subject's value,and the method of evaluation.At the same time,the choice of the current registration system and the Whether the patent right to establish a pledge can be pledged again;in terms of the effect of patent right pledge,the effect of the particularity of the patent right on the effectiveness of the pledge,the legal validity of the patent right pledge financing,and the proposal of a series of legislative systems;In the interests of rights holders,legal advice is proposed to make up for deficiencies in the existing legal provisions by expanding the right of subrogation of the pledgee,strengthening the right of consent of the pledgee,and restricting the pledgor's initiative to waive the patent right.This article further innovates in the current research theory,starting from the existing laws and specific cases,through analysis,to understand the existing legislative blanks and deficiencies.Due to the special nature of pledged objects,the current gaps and shortcomings are mainly concentrated on the protection of the pledgee.Therefore,this article has made a lot of explanations on the protection of the interests of the pledgee,and put forward some suggestions,hoping to pledge for the patent right.The development process contributes its own strength.