What is patent pledge? What are the conditions for patent pledge?

Patent pledge means that the patentee takes the patent right as the guarantee of creditor's rights. When the debtor (patentee) is unable to perform the debt, the creditor has the right to give priority to paying off the debt by discounting the patent right or transferring or auctioning the proceeds according to legal procedures. What conditions should patent pledge have as a guarantee? Patent pledge will undoubtedly play an increasingly important role in promoting financial intermediary and commodity circulation, ensuring the realization of creditor's rights and developing socialist market economy. 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, pledge cannot be indefinite. During the pledge period, it must be guaranteed that the pledged patent is undisputed and valid. (2) As a pledge, it is the transferable property right in the patent right, that is, the right with economic content arising from obtaining the patent right, which refers to the exclusive right and its derivative licensing right, transfer right and marking right. Before the creditor's rights are paid off, the pledgor shall guarantee the realization of the creditor's rights with all its pledges (patent rights). (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. The patent pledge contract has the following characteristics: first, the patent pledge contract is subordinate to the contract and the main contract concluded between the creditor and the debtor. Second, the patent pledge contract is an important contract. Three, the patent pledge contract to management registration as an effective element. Four, the patent pledge contract is different from the general patent transfer contract and patent licensing contract. As a kind of guarantee, the patent right is generally not transferred in the process of pledge, that is, after the patent pledge contract comes into effect, the patent right is not transferred and still belongs to the pledger; After the patent right transfer contract comes into effect, the patent right will be transferred accordingly. On the other hand, the patent transfer contract is an independent main contract, while the patent pledge contract is a subordinate contract, which is attached to the main contract. The main contract is invalid and the guarantee contract is invalid.