What is the difference between patent pledge and patent mortgage?

The difference between pledge and mortgage is that patent right belongs to intangible assets and cannot be mortgaged.

First, in mortgage guarantee, the possession of collateral is not transferred, the mortgagor enjoys all the property rights of collateral, and the creditor has neither ownership nor possession of collateral. In pledge guarantee, the pledgor transfers the possession of the pledged property to the creditor, and the pledgor enjoys the ownership of the pledged property, and the creditor obtains the possession of the pledged property.

Second, in mortgage guarantee, collateral is generally real estate, such as houses, buildings and other things fixed on the ground owned by the mortgagor. Movable property such as machinery, equipment and means of transportation owned by the mortgagor or entitled to dispose of it can also be used as collateral. In pledge guarantee, the pledge can be movable property or right, and the real estate cannot be used as the pledge. Therefore, it is not correct to regard chattel and real estate as the standard to distinguish mortgage and pledge, and think that mortgage is real estate mortgage and pledge is chattel pledge.

Third, in the mortgage guarantee, if real estate, machinery and equipment, transportation and other movable property are mortgaged, the mortgage contract will take effect from the date of mortgage registration; Where other chattels are used as collateral, the mortgage contract shall take effect from the date of signing. In the pledge of movable property, the pledge contract takes effect from the date when the pledged property is delivered to the creditor for possession. In the pledge of rights, if the way of pledge is draft, check, bond, etc. , the pledge contract shall take effect from the date of delivery of the certificate of rights; Shares, stocks, patents, etc. Where the pledge is made, the pledge contract shall take effect from the date of pledge registration.

Fourth, in mortgage guarantee, the same collateral can be mortgaged to more than two creditors, that is, the mortgage can be set repeatedly. The order of mortgage payment is: if the mortgage contract takes effect at different times, it will be paid in the order of effective time, and if the effective time is the same, it will be paid in proportion to the creditor's rights. In pledge guarantee, there is no repeated pledge of the same pledge.