What is mortgage transfer of patent right? What are the conditions for mortgage transfer of patent right?
What is mortgage transfer of patent right? Mortgage transfer of patent right The concept of patent pledge refers to that the debtor or the third party guarantees the performance of its debt with patent right. When the debtor fails to perform the debt, the creditor has the priority to be compensated for the discount, auction or sale of the patent right. Patent right pledge or property right pledge in patent right belongs to right pledge. Refers to the property right in the patent right as the pledge subject matter, and when the debtor fails to perform the debt within the time limit, the creditor has the priority to be compensated for the transferred patent right. So what are the conditions for the mortgage transfer of patent rights? What is mortgage transfer of patent right? What are the conditions for mortgage transfer of patent right? What is mortgage transfer of patent right? What are the conditions for mortgage transfer of patent right? The conclusion of the patent pledge contract can be a separate written contract or a guarantee clause in the main contract. The pledge of patent right shall meet the following conditions: (1) The patent right must be valid. Patent right is time-dependent. In order to ensure the realization of creditor's rights, it is necessary to ensure that the pledge is an undisputed and effective patent. Documents proving the validity of patent right include patent certificate, annual fee payment certificate, patent register, etc. The Measures for the Registration of Patent Pledge stipulates: (2) Before the creditor's rights are paid off, the pledger shall guarantee the realization of the creditor's rights with all its pledges. (3) Although the right to apply for a patent is a prerequisite for obtaining a patent right, it can be transferred according to law, but its obvious legal uncertainty makes it impossible to be used as a legally effective property right, so the right to apply for a patent cannot be pledged as a pledge. There are several possible changes in the mortgage transfer of patent rights: ① changes in recorded items. At this time, the obligee's right to dispose of the right is restricted, so the request to change the recording project can only be made with the consent of both the pledgor and the pledgee. When a party requests to change the description items, in addition to the documents required for the normal change procedure, it shall also submit a written document agreeing to the change agreement to the Chinese Patent Office, and the change procedure can be continued only after it is examined and approved by the patent administration department. Otherwise, it won't change. ② Changes in the contents of the pledge contract. Where the pledgee, the secured principal creditor's rights and the scope of pledge guarantee are changed and the pledge period is extended, the parties concerned shall submit the written agreement of the parties, the original notice of registration of patent pledge contract and other relevant documents to the Patent Office, fill in the Application Form for Registration Change of Patent Pledge Contract and report it to the Patent Office for examination. What is mortgage transfer of patent right? What are the conditions for mortgage transfer of patent right? For a detailed answer to this question and more patent mortgage questions, please consult Bajie Intellectual Property.