The patent right is pledged when the loan is made. Can we make a promise of understanding now?

After the pledgee and pledger cancel the patent pledge contract, they shall apply to China National Intellectual Property Administration for cancellation of registration of patent pledge. Mortgage loan refers to the loan that the borrower obtains from the bank with certain collateral as guarantee. It is a form of commercial bank loans, and collateral usually includes securities, China bonds, various stocks, real estate, and bills of lading, warehouse receipts or other documents that prove the ownership of goods. When the loan expires, the borrower must return it in full, otherwise the bank has the right to dispose of its collateral as compensation. Among them, collateral refers to the property that has been used as collateral. There are many ways to cancel the mortgage, such as providing another mortgage and a third party providing guarantee.

Precautions for mortgage:

First of all, deposits

It means that the seller can ask the buyer to pay a certain proportion of the total payment in cash before the performance of the contract as a guarantee to pay all the due payment. The difference between deposit and advance payment. Deposit is a kind of guarantee, which is mainly used to punish breach of contract. Advance payment is a part of payment from the beginning, and the above two can be transformed into each other because of the agreement. The difference between deposit and liquidated damages. Liquidated damages belong to the nature of damages, and the determination of its amount depends entirely on the loss of the injured party, and the deposit is a kind of creditor's right guarantee. Once the amount is determined, it shall not be changed unless both parties reach an agreement through consultation.

Second, guarantee.

It means that the seller can ask the buyer to provide a legal person with strong economic strength and integrity as a third party to guarantee the buyer's payment. Once the buyer fails to pay on time, the guarantor shall bear the responsibility for payment.

In practice, we should pay attention to the following issues:

1. The guarantor should be voluntary. The guarantor shall sign a written guarantee contract with the seller, specifying the contents and methods of the guarantee, which shall be signed and sealed by both parties.

2. The suretyship contract shall clearly stipulate the responsibilities of the surety. Among them, we need to pay attention to the difference between "performance on behalf of" and "joint and several liability". Performance on behalf of the guarantor means that only when the original debtor is really unable to perform the debt and compensate for the losses can the guarantor be required to perform the debt and compensate for the losses. Joint and several liability means that as long as the debtor fails to perform his debts, regardless of whether he has the ability to perform, the creditor can directly ask him to perform or compensate for the losses.

3. When changing or modifying the original debt contract with the original debt, the guarantor must obtain the consent in advance, otherwise the guarantor will not assume the guarantee responsibility.

4. Choose the guarantor reasonably. It should be noted that the competent departments of state-owned enterprises or other administrative organs cannot act as guarantors, and the selected guarantors can indeed bear the corresponding payment responsibilities, that is, they need to conduct credit investigation on the guarantors.

5. When signing a guarantee contract, the following contents are essential: the type and amount of the secured creditor's rights; Guarantee method; Scope of guarantee; Warranty period.

Third, mortgage

It means that the buyer or a third party provides a certain amount of property as a guarantee for payment. When the debtor fails to perform the debt, the creditor has the right to be paid first by auction or selling the property at a discount according to law.

Problems needing attention:

1. A written mortgage contract shall be concluded, which shall specify the names of both parties, the amount and scope of secured creditor's rights, the name of collateral, the ownership of collateral and the date of mortgage.

2. Define the scope of mortgage guarantee: compensation for original creditor's rights, compensation for losses and liquidated damages caused by non-performance of debts, and expenses (notarization and legal fees) for realizing mortgage right.

3. During the mortgage period, others may not use or dispose of the collateral.

Four. guarantee

It is pointed out that the seller or the third party gives the property to the creditor, so that the latter can enjoy the priority of compensation.

The difference between pledge and mortgage: when mortgaged, the creditor does not possess the mortgagor's collateral, but the pledge enjoys the possession of the pledged property; At the time of mortgage, the mortgagor (debtor) collects the principal and interest generated by the mortgaged property, and at the time of pledge, the creditor (pledgee) collects the principal and interest of the pledged property; In mortgage, creditors have the right to claim the mortgaged property, while in pledge, creditors can make their own decisions on the pledged property; In mortgage, the creditor has no obligation to keep the collateral because he does not possess it, while in pledge, the creditor has the obligation to keep the collateral properly.