Study On The Legal Problems Of Patent Pledge

With the development of technology and society, and patent as the core of the newintellectual economy with the rapid rising, to occupy a favorable position in themarket.Some enterprises have made remarkable achievements by the virtue of the patent,but compared with some developed countries and regions, China’s patent pledge systemremains a relatively backward state,law of patent pledge is more general, and the patentcharacteristic, hindering the enterprise to patent pledge, resulting in the dilemma of patentpledge. This dissertation uses literature research methods and research methodscomparison,tries to through the detailed elaboration the basic theory of patentpledge,analysis the existing main legal problems and the current situations of patentpledge,introduces the patent pledge of United States,Japan,Britain,France,and other areas toour country patent pledge legislation for reference,and raises the accumulation of the legalsystem of patent pledge of our proposal based on the early research foundation stage.The first part expounds the basic theory of patent pledge. Firstly,defining the concept andthe nature of patent pledge; Secondly, summing up the characteristic summary of patentpledge; Thirdly,comparing the patent pledge with the chattel mortgage and other rights ofpatent pledge; Finally discusses the value of patent pledge.The second part raises the existing main legal problems of patent pledge and introduces thecurrent situation of patent pledge in China. On the current situation of legislation and thestatus of implementation of patent pledge are introduced, at the same time, the main legalissues discussed China’s patent pledge, respectively is the coordination of legal regulationsof the patent pledge, the patent pledge between the subject and the scope is not clear, theright of patent pledge implementation type single,evaluation system of patent valueimperfect as well as the risk of patent pledge commitment mechanism is not very perfect.The third part describes some developed countries’ or regions’ patent pledge system and toour legislation reference value.Through the introduction of the developed countries likeUnited States,Japan,Britain,France and Taiwan region on legislation and practice aspects ofenterprise patent pledge, learning from the valuable things,and that for Chinese enterprisesto establish and perfect the legal system of patent pledge to enlightenment. To solve the problem of patent pledge and come up with legal suggestions in the fourth part,one is clear from the legislation of patent pledge legal orientation and coordination of legalrelations; another is the subject and scope of patent right pledge;Then,promoting thediversification of the pledge on the way of implementation;Eventually, improving theChina’s patent pledge evaluation system and risk value sharing mechanism.