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Contract of pledge

According to the civil legislation, any material property and property rights may form the subject of a pledge. Since all registered intellectual property objects and means of individualization relate to the assets of a company, are assessed and put into the balance sheet, they may be used as a collateral for obligations, e.g., arising under a bank loan contract.

If the obligations under the main contract are not fulfilled, execution may be levied on the subject of pledge, and then the patent for innovation will pass to the pledge holder.

If a patent is not assessed by the time of concluding a contract, it is necessary to assess its cost correctly for ensuring correspondence of the pledge cost.

Pledge term

The parties to a contract should bear in mind that a patent may be pledged for a term that does not exceed its period of validity. That is, as an example, the pledge term of a patent for invention may not exceed 20 years.

State registration

A contract of patent pledge should be registered with the Federal Service for Intellectual Property (Rospatent); this is the compulsory pre-requisite for regarding it as valid.

The following is required for registration of a contract of pledge with rospatent:

  • a request for registration;
  • a contract of pledge in two copies (one for each party) and one simple copy of the contract;
  • a payment document attesting payment of the state fee for the registration of the contract of pledge.

You can apply to our Bureau for skilled legal assistance in drafting and registering a contract of patent pledge. Our patent attorneys have extensive experiences in solving such tasks and are ready to consult you in detail on any question of interest.