Can the patent right be pledged?

The patent right can be pledged, and the pledge right is established when it is registered in China National Intellectual Property Administration. According to the provisions of the Civil Code, the property right in the transferable patent right can be pledged; According to the patent law, the right to apply for a patent and the patent right can be transferred. Therefore, the patentee has the right of patent transfer and patent license, both of which are property rights in the patent right and can be used as the object of right pledge.

Patent pledge means that the patentee takes the patent right as the guarantee of creditor's rights. When the debtor (patentee) fails to perform the debt, the creditor has the right to discount, transfer or auction the patent right according to legal procedures, and the proceeds will give priority to paying off the debt. Where the patent right is pledged, the pledgor and the pledgee shall conclude a written pledge contract.

In addition, after the patent pledge contract comes into effect, the patent right will not be transferred and will still be owned by the pledger. According to the law, pledge refers to the legal relationship that the debtor transfers the possession of a certain property to the creditor as a guarantee for performance, and only transfers the possession, not the ownership. Therefore, after the patent pledge contract comes into effect, the patent right will not be transferred and will still be owned by the pledger.