Research On The Perfection Of The Legal System Of Patent Right Pledge In China

Intellectual property as a property right,has the value of use and exchange value,At the beginning of the intellectual property system to produce,is is not easy to be recognized,its potential value to the use of intellectual property rights are mainly concentrated in a transfer,a license,etc.,To increasing the value of intellectual property rights,intellectual property rights guarantee financing will be more and more attention by the society.In numerous types of intellectual property rights,the patent is particularly extensive application,but the law in this respect is not perfect in our country,to the provisions of the patent pledge scattered in the"property law",security law" and "patent law",between the law are not harmonious,the patent pledge appeared many problems in practice,the development of the patent pledge is still struggling.This paper adopts literature analysis method and case method,accord to the legislation present situation,combining with the practice of the patent right pledge case analysis,proposed our country legal system of the patent pledge problems and disputes,mainly has the object scope is not clear,the right to apply for a patent and the patent rights can be classified into the scope of the patent pledge object is not clear;In terms of the rights and obligations of the pledgor,the pledgor’s right to pledge shall be limited,and the pledgor’s right to dispose of the patent shall be restricted after the pledge;In the way of establishment,there exists the problem of whether to repeat the establishment and whether to deliver the certificate of rights;The realization of patent right pledge is difficult,lack of a sound evaluation system,the realization of pledge is single.Through the legislative experience of other countries for reference,combining the concrete national conditions of our country,finally puts forward his own Suggestions for the above problems,including the right of patent application and implementation will not be as pledge right object,right certificate of delivery not as a pledge to set up the necessary conditions,when the pledge to realize when evaluating the patent value clear appraisal institution of legal responsibility,use a variety of evaluation methods,etc.,in order to make contribution to the research of relevant patent pledge.