| With the continuous development of economic globalization, the knowledge capital plays an increasingly important role in international core competitiveness. As a developing country, China’s economy is rushing in a rapid development. At the same time, the contact with the global economy is becoming closer. In the era of knowledge economy, as a form of intellectual capital, the value of intellectual property is becoming more and more important. In today’s market competition, the one owns sophisticated intellectual property rights would often win in the fierce economic struggle. In recent years, more and more Chinese enterprises are entering the U.S.market, frequently encountering "337 investigation", involving many patent litigation. Patent, which costs much money and takes a lot of time, conculting huge economic losses. To build a more secure rights safeguard mechanism, which could be the escort to safeguard their own lawful rights and interests for the enterprise, becoming a historic topic in front of us. The emergence of patent insurance, which provides a train of thought in order to solve this problem, being a good news for the enterprise.This paper is mainly divided into four parts, the first part introduces the basic theory of patent insurance legal system, including whose origin and development, the meaning and types, the uniqueness, the rationality and functional value. The second part is analyzing the status quo of patent insurance system in China, the first is the typical pattern of insurance of our country patent – chancheng district model analysis, including introduction, market analysis and model analysis. And the second is about the summarize of the overall situation of China’s patent insurance system and its existing shortcomings. The third part is about comparative study on the patent insurance system of these area, incluing the United States, the European Union and Japan, and explains the similarities and differences among the three. The fourth part mainly elaborates the construction of patent insurance system of our country, including patent insurance system model construction and law construction. |