When is the patent pledge within the patent term?

Patent pledge takes effect when the registration authority approves the mortgage registration. According to the relevant laws and regulations, if the chattel is mortgaged, the pledge right shall be established when the pledge registration is completed, that is, the mortgage contract takes effect. If it is not registered, it shall not be against a third party.

legal ground

Article 403 of the Civil Code of People's Republic of China (PRC)

If chattel is used as mortgage, the mortgage right shall be established when the mortgage contract takes effect; Without registration, you may not be able to fight well-intentioned third parties.

Article 440

The following rights that the debtor or a third party has the right to dispose of may be pledged:

(1) Bills of exchange, promissory notes and checks.

(2) Bonds and certificates of deposit.

(3) Warehouse receipts and bills of lading;

(4) Transferable fund shares and equity;

(5) Transferable intellectual property rights such as the exclusive right to use a registered trademark, patent right and copyright.

Article 444

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.