专利权担保融资的法定限度与合约扩充.PDF

Abstract: Patent secured fi nancing is a representation of intellectual property value. The exchange value of the patent is the legal basis of its security function. The nature of the patent secured in law is defi ned as a pledge. Registration is the necessary and suffi cient condition for the effective guarantee . In the current theory circle, patent right guarantee is an intermediate form between the mortgage and pledge, or close to the mortgage. The validity of the contract is the most important element for the patent right guarantee to come into force. For the patent secured fi nancing is indirect, non-securities intangible assets fi nancing, it is subject to three basic rules, the patent rules, security rules and loan rules. The patentee and the lender may make any supplement according to the actual needs of a security based on the principle of freedom of contract when not violating the mandatory provisions of law and the public interest. Key words: patent right; secured fi nancing; legislation; contract