What does a pledgor mean under normal circumstances? Definition In the act of pledge, the person who provides property is called the pledgor. A written contract shall be signed for pledge guarantee. The pledge contract shall take effect when the pledged object or the pledge right is transferred to the pledgee. The content of the pledge contract is basically the same as that of the mortgage contract. Qualifications Patent rights The parties to a pledge contract include the pledgor and the pledgee. The pledger may be the debtor in the main contract or a third party other than the debtor in the main contract. However, whether it is the debtor of the main contract or a third party other than the debtor, it must be a person who enjoys valid patent rights in accordance with the law. According to the provisions of my country's Patent Law, patentees include patent owners and patent holders. Qualification definition of patent owner: If the pledgor is the patent owner, then such a pledgor is qualified under normal circumstances; however, if the pledgor’s patent rights are owned by others, Then, according to Article 8 of the "Registration Measures", it can be seen that only if all patent rights are pledged as pledgers, the patent pledge contract will be valid and will be registered. In other words, one or part of the *** cannot enter into a patent pledge contract with the creditor as a pledgor. Even if such a contract is entered into, the patent management department will not register it, and it will not be registered. The patent pledge contract is invalid. Another situation is: if a Chinese patent owner acts as a pledger and pledges his patent rights to a foreigner, he must obtain approval from the relevant competent department of the State Council. When registering a pledge contract, approval documents from the relevant competent authorities of the State Council must be submitted. Definition of patent right holder qualifications: If the pledgor is a patent right holder, the patent right holder can only pledge the patent right with the approval of the superior authority of the pledgor. Pledge, the person who pledged the pledge at this time is qualified. If a patent right has been pledged as the subject matter of a pledge contract, can the patentee pledge the patent right again? As for whether the patent right can be pledged repeatedly, the law has not yet made any decision on this issue. However, according to the nature of patent rights, patent rights cannot be repeatedly pledged. As far as patent rights are concerned, it is an exclusive right, including exclusive manufacturing rights, sales rights, use rights and import rights, etc. However, these rights are an indivisible whole. Once the patent right is pledged, the pledgee acquires the right to control the patent right. Unless with the consent of the pledgee, the pledger may not transfer or license the patent right to others. In this case, the patent right can no longer be used. It can then be used as a pledge target to guarantee the realization of another claim. On the other hand, the pledge amount and patent value are voluntarily chosen by the pledgor and the pledgee, and the pledgee cannot accept a pledge amount that is higher than its creditor's rights and leave room for others. Once the debt repayment fails, the price obtained from the discount, auction, or sale will be the final realization of the value of the patent as the subject matter of the pledge. Paragraph 3 of Article 71 of the "Security Law" stipulates: "After the pledged property is discounted, auctioned, or sold, the portion of the price exceeding the amount of the creditor's right shall belong to the pledger, and the shortfall shall be paid off by the debtor." From this point of view, repeated staking is also unrealistic. Obligations Obligation 1 The primary obligation of the pledger is to deliver the patent certificate and other supporting documents to the pledgee. A patent certificate is a document proving whether the patent right exists and whether the patent right belongs to the pledgor.
The delivery of patent certificates and other supporting documents has the following significance: 1. Prove that the patent right as the subject of the pledge is a valid right; 2. Prove that the patent right as the subject of the pledge belongs to the pledgor; 3. It indicates that from the date of delivery of the patent certificate and other supporting documents, the patentee can no longer freely exercise its patent rights; 4. Once the patent rights as the subject of the pledge have rights defects, such as: the patent rights are declared invalid or revoked, the patent The Office will notify the patentee to return the "Patent Certificate", so that the pledgee can accurately know the changes in the patent rights, so as to promptly require the pledger to provide other pledges for security to protect his rights. ; 5. Deliver other supporting documents so that the pledgee can fully understand the situation of the patent rights and better exercise and protect its rights; 6. When the debtor fails to perform its obligations when due, the pledgee will follow the terms of the contract It is stipulated or stipulated in the Security Law that the patent right will be discounted, auctioned, or sold, and priority will be paid from the price of the auction or sale; when the pledgee has the patent certificate and other supporting documents, the pledgee can exercise the auction , the act of selling is more convenient. Obligation 2 The second obligation of the pledgor is to maintain the validity of its patent rights. The prerequisite for the validity of the pledge contract is that the patent rights that are the subject of the pledge are valid. After the patent right pledge contract comes into effect, the pledge contract can continue to be valid only by maintaining the validity of the patent right. Once the patent right that is the subject of the pledge is no longer valid, the corresponding patent right pledge contract will no longer be valid. Therefore, It becomes the obligation of the pledgor to maintain the validity of the patent right. This obligation of the patentee includes the following aspects: 1. Pay the patent annual fee or patent maintenance fee on time. 2. The patentee shall not take the initiative to make a statement giving up its patent rights. my country's Patent Law stipulates that the patentee may declare in writing to give up its patent rights at any time, and its patent rights shall be terminated early from the date of registration and announcement by the Patent Office. Therefore, during the validity period of the pledge contract, the patentee shall not exercise the right to give up the patent right, causing its patent right to be terminated early. On the other hand, for utility model or design patent rights obtained based on patent applications filed before January 1, 1993, the protection period is 5 years and can be renewed for 3 years upon expiration. If the validity period of the pledge contract includes the renewal period of its patent right, then the pledger must submit a renewal application to the Patent Office before the expiration of the five-year protection period of the patent right in order to maintain the validity of its patent right. If the renewal application is not submitted on time as required, the patent right will be terminated after the expiration of the protection period. 3. When an ownership dispute occurs over a patent right, the pledger should proactively resolve the dispute so that the pledgee's pledge rights are not interfered with by others. 4. During the validity period of the pledge contract, the pledgor shall not transfer its patent rights or permit others to use its patents. Article 80 of the Guarantee Law stipulates: “After the rights stipulated in Article 79 of this Law are pledged, the pledgor shall not transfer or permit others to use them, but they may be transferred or licensed with the consent of the pledgor and the pledgee through negotiation. "Pledgor refers to the party that provides property during the mortgage process. The term "pledgor" not only appears in stock equity, but also often appears in patent disputes. It is usually the active party. Resolving disputes ensures that the interests of both parties are not damaged, and it also ensures that the pledge rights are not obstructed by the outside world to avoid larger disputes.