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Patent In Rem Rights
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scorpioncbr:
Hello,
I've been doing quite a bit of research but I can't seem to figure something out. When a patent has a right in rem (say due to a mortgage) how is it distinguished from a contractual agreement?
What typical terminology (typical only for right in rem) is used in in rem cases?
In other words in which cases can there be a right in rem for a patent? (Pawning? Mortgage? Hypothecation?...)
Any help would be greatly appreciated
scorpioncbr:
UPDATE: I noticed i might have been a tad cryptic, so heres some additinal info:
I'll try to explain what I mean with an example.
Say X gets a mortgage loan from Y, as a collateral X gives his european patent application as a right in rem.
I wanted to know if there were other occasions this would apply. If it were through a contract it would be easier as the effects would only apply between the 2 parties, but as a right in rem it applies to everyone. (I'm also reffering to Rule 23(1) of the EPC.
scorpioncbr:
I am referring to UK law.
I cannot seem to figure out when a certain agreement is to be considered and In Rem right and when it is a contractual agreement.
I know certain keywords (like I previously mentioned 'mortgage', hypothecation, etc) can identify it, but what i wanted to know is there a precise way to see it immediately? are there any other terms (as in terminology) which can identify it? and what are the requirements?
I thank you in advance for any help you can provide.
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