What is patent pledge

Pledge means that the debtor or a third party transfers its movable property or rights to the creditor for possession as a guarantee for the creditor's rights. So what is patent pledge? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What is patent pledge

Patent right pledge means that the debtor or a third party sells the property rights in its patent right according to law. pledge, using the property rights as security for the creditor's rights. When the debtor fails to perform its debts, the creditor has the right to receive priority payment by discounting the property right or using the proceeds from the auction or sale of the property right in accordance with the law. The debtor or third party is the pledger, and the creditor is the pledgee. The pledgor must be the legal patent owner. If a patent has more than two joint patentees, the pledgor shall be all patentees.

If the patent right is pledged, the pledgor and The pledgee shall enter into a written contract and register the pledge with the China Patent Office; when registering a foreign-related patent right pledge contract, a foreign-related patent agency shall be entrusted to act as the agent.

The pledge contract shall take effect from the date of registration.

The China Patent Office is responsible for the registration of patent pledge contracts department.

"Registration Methods for Patent Pledge" SixthArticle: The parties may handle the procedures related to patent pledge registration by mail, direct delivery, etc.

Article 7 When applying for patent right pledge registration, the parties The following documents should be submitted to the State Intellectual Property Office:

( 1) Patent right pledge registration application form signed or sealed by the pledgor and the pledgee;

(2) Patent right pledge contract;

(3) Identity certificates of both parties;

(4) If entrusting an agent, a power of attorney indicating the entrustment authority;

(5) Other materials that need to be provided.

If the patent right has undergone asset appraisal, the party concerned shall also submit wealth assessment report.

In addition to proof of identity, various other documents submitted by the parties Documents should be in Chinese. If the identity certificate is in a foreign language, the party concerned shall attach a Chinese translation; if it is not attached, it will be deemed not to have been submitted.

For the documents specified in paragraphs 1 and 2 of this article, the parties may submit Electronic scan.

The editor’s summary ends here. If you are interested in There are more questions in this regard. Welcome to the Legal Savior Network for consultation. The Legal Savior Network provides professional legal consulting services, and a professional team of lawyers will answer your questions.