| Summary: | 碩士 === 東吳大學 === 法律學系 === 96 === The way to transform knowledge into concrete benefits is one of the most important economic patterns. The immaterial assets can be not only commercialized, but also traded or applied in other ways. Additionally, making better use of immaterial assets makes one enterprise different than other competitors in products and services, and that will enhance the competitiveness for the enterprise if it uses the differentiation strategy. The patent right is one of the immaterial properties protected by individual law, and the value of patents is represented in a patentee’s exclusive right conferred by law. A patentee should fully exercise the patent right and actively commercialized it to retrieve the costs, including the manpower, material resources and time spent in the process of research and invention, and the annual fees to maintain the patent right. When patentees, including individual inventors and research institutions, lack the desire or ability to practice patent by himself, how to license, assign or collateralize the patents and crystallize the value of immaterial assets is the key point of this thesis.
This thesis separates the accesses to the realization of economic benefits from patents into three major categories, and compares the accesses by the criteria of legal character, conditions, and effects. The first kind of access “ licensing” can be compartmentalized into exclusive and non-exclusive licensing by the licensee’s power. The second kind of access “collateralization” covers six methods, such as patent pledge, patent royalty pledge, assignment collateralization of patent, assignment collateralization of patent royalty, acting acceptance and specialized discharge account. The third kind of access “assignment” includes four methods, such as patent transaction, using patent to become a shareholder, entrusting and securitization.
This thesis also especially discusses the controversial issues like “the character and register effect of patent licensing contract” and “the warrant from seller or licensor about the actual existence of patent”, and provides feasible suggestions for practice.
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