Study On The Patent Right Pledge's Legal System Of Our Country

When the idea of "science and technology are primary productive forces" becomes a society-wide consensus, the idea is quietly affecting the market of its own development process, particularly in the field of Intellectual property. Intellectual property(especially patents) are at the increasing share of community's total wealth, lots of core assets holding by the enterprises have been transformed tangible assets into intangible intellectual property. Patents in the role of small and medium enterprises of science and technology is essential. However, many of the enterprises of this type, due to lack of financing channels, are difficult to find funds to maintain their own development. Faced with this problem, Europe, America and Japan and other countries are looking at a patent pledge as a means of financing, and progress has been made in development. China's Property Law, Guarantee Law also provides for a corresponding system, but the lack of theoretical study, imperfect legislation, shortage of supporting systems, which led to a lack of practical operational. Therefore, this article attempts to study the system in the rational perspective, then sum up the beneficial advice for the development of our country's patent right pledge's legal system.We take examples from foreign legislation and, based on the theory and practice of patent right pledge's legal system, study and explore the system, at the same time, we consider the patent pledge appraisal and the patent right pledge's legal system as a integral system. The full text is divided into three parts, the main contents are as follows:Observing from the point of view of traditional theory of civil law, we analyze and discuss a variety of legal issues on patent right pledge's legal system in the first part. This section mainly focuses on the patent right pledge's subject, creation, effectiveness, implementation and rescission. First of all, the author puts forward that the patent application right should become the object of patent right pledge; Secondly, this paper argues that the transfer of patent rights does not require a pledge certificate. In addition, the law should permit obligee set up several patent right pledge in the same patent. Third, in effect scope of patent quality, it is divided into the secured claim the right to the scope and reach of the scope of the subject matter; when come to the patent right pledge of effectiveness on people, we separately analysis on pawnee and pledgeor. Finally, in the realization of patent right pledge, the main implementation of the three methods (protocol discount, auction, sell) are compared; and in rescission of the patent right pledge, the write-off patent registration should not become the causes of perishing the right.The second part introduce the patent pledge appraisal system and analysis some problems from the point of view of the theory of patent pledge appraisal. This section focus on three points: the concept and specificity of patent evaluation, the legal factor influencing the patent evaluation, the major theoretical issues of patent valuation. By highlighting the special nature of patent evaluation, the first point will focus on the difference between patent evaluation and assessment of other assets, at the same time raises the different type of value of patent pledge appraisal. From the point of view of the law, The second point is to assess the impact of patent law on patent evaluation, mainly in four aspects: the impact of patent type on patent evaluation, the impact of the scope of patent protection on patent evaluation, the impact of patent legal status on patent evaluation, the impact of the implementation of patent status on patent evaluation. In the third point, we mainly discuss the type of value. Based on the fact that financial institutions, enterprises, and appraisal agencies have their different tasks and purposes of the interests of the game, this paper argues that the type of value of mortgage is able to strike a balance between the interests of the three demand.Summarized the first two parts, we will provide recommendations about the existing legislation in the third part. In improving the scope of the subject of patent right pledge, this paper argues that the patent application right should be identified as the subject of the patent right pledge; In improving the registration system of patent right pledge, the patent system should be adopted in this article that the "Elements and registered." In order to perfect the system of patent pledge appraisal, the author focus on an analysis of the resolution among financial institutions, loan companies and appraisal institutions, then find a solution to solve the problem. Finally, the author will bring up some advice from enforcement of administrative law.