Study On The Construction Of Domestic Patent Insurance System

In recent years, with the rapid growth of China’s foreign trade andinternationalization of the enterprises,while domestic enterprisesexpanding to the overseas markets, they were followed a series of patentinfringement litigations,and international litigation cost is verylarge,but the finance of domestic corporate is weak.Now the patentlitigation is intensifying quickly, which makes the competitiveness ofour country seriously affected.No doubt that the establishment of patentinsurance system can reduce the burden of patent litigation cost.“Share and divert risks” is the most efficient and cost-savingsolution to risks. Patent insurance not only meets the needs of technologyenterprises, but also can drive the ability of innovation, and strengthenthe competitiveness of the country. Companies transfer the patent risksto the professional insurance company to assume, so that they can fullycommit to operate business and create profits, which is more effectiveand responsible practice. The biggest obstacle for us to promote patentinsurance is how to develop the patent insurance market, because onlywhen we gatherring enough risk community,the risks can be able toeffectively assessed;otherwise it will lead to failure of extending thepatent insurance.The preface of this paper introduces domestic enterprises sufferedan increasing number of patent infringement litigation in recent years,the current status is that when the enterprises are enjoying the enormousbenefits brought by the patent, they also facing a huge risk of patent,thus to explore the possibility of throughing patent insurance todifferentiate the risk of patent,making them to be shared by the whole community is necessary and of practical significance.Apart from the preface an conclusion,the thesis is consisting of threeparts:Chapter one is the basic theory of the patent insurance system. Thetheme of this thesis is discussing the construction of patent insurancesystem, thus,it is necessary to preliminarily understand the subject ofthe patent insurance, that is patent, including the concepts,characteristics and the infringement of the patents;then from themicroscopic point of view to analyze the history,basic principles,functions and classification of the patent insurance, finally, discussingthe independence of the patent insurance according to the basic theory.Chapter two is the introduction of the foreign experience of patentinsurance,including U.S.A, EU and Japan. First of all,introducing thebackground and current situation of patent insurance system of the threecountries, and then to compare the similarities and differences of variouspatent insurance system, hoping to accumulate valuable experience on theestablishment of our patent insurance system.Chapter three is dicussing how to build the patent insurance systemof China. This section is part of the problem-solving.First ofall,introduing the present situation of patent insurance of China, whatdemonstrating we need this kind of system badly,and then proposing thepossible obstacles that may be encountered when promoting the patentinsurance.Finally,in three views of the government, insurers andcompanies,proposing feasible recommendations on how to make the domesticpatent insurance successfully promoted and maintained.The final part is a summarization of this article,recapitulating thecentral thesis of this article,which will serve as a conclusion.