Gao urgently needs money to get married and buy a new house. He found a friend who borrowed 200,000 yuan and said that he would pay it back in two years. Wan proposed that Gao should decorate after buying a house and hold a banquet after decoration. It is impossible to pay off the loan within two years. Gao said that he still has a patent in his hand, which can be pledged to Wan, and that this patent is very valuable. Wan doubts, can the patent right be pledged?
The lawyer replied.
According to the provisions of the Property Law, if the exclusive right to use a registered trademark, patent right, copyright and other intellectual property rights are pledged, the parties concerned shall conclude a written contract. The pledge right shall be established when the relevant competent department handles the pledge registration. Therefore, the patent right can be pledged, as long as both parties conclude a written contract and register the pledge. However, it should be noted that the Property Law also stipulates that after the pledge of property rights in intellectual property rights, the pledgor may not transfer or license others to use them, except with the consent of the pledgor and the pledgee through consultation. The pledgor shall pay off the debts in advance to the pledgee or deposit the price for transferring or allowing others to use the pledged intellectual property rights.
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People's Republic of China (PRC) property right law
Article 227 Where the exclusive right to use a registered trademark, patent right, copyright and other intellectual property rights are pledged, the parties concerned shall conclude a written contract. The pledge right shall be established when the relevant competent department handles the pledge registration.
After the pledge of property rights in intellectual property rights, the pledgor may not transfer or license others to use them, except with the consent of the pledgor and the pledgee through consultation. The pledgor shall pay off the debts in advance to the pledgee or deposit the price for transferring or allowing others to use the pledged intellectual property rights.