Can the patent right be pledged?

The patent right can be pledged according to law, and the parties concerned can register the pledge according to law. If the debtor fails to perform the debt within the time limit, the pledgee may apply for auction or sale of the patent right according to law, and the proceeds will be given priority in compensation.

legal ground

Article 444 of the Civil Code

Where the right to exclusive use of a registered trademark, patent right, copyright and other intellectual property rights are pledged, the pledge right shall be established at the time of pledge registration. After the pledge of property rights in intellectual property rights, the pledgor may not transfer or license others to use them, unless the pledgor and the pledgee agree 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.

Article 437 of the Civil Code

After the expiration of the debt performance period, the pledger may require the pledgee to exercise the pledge right in time; If the pledgee fails to exercise it, the pledger may request the people's court to auction or sell the pledged property. The pledgor requires the pledgee to exercise the pledge right in time, and if the pledgee delays in exercising the right and causes damage to the pledgee, the pledgee shall be liable for compensation.