Research On The Patent Insurance For Patent Risk Prevention

Now,companies rely on independent innovate to enhance their core competitiveness,patents become one of the most important assets of the enterprise.However,with the deepening of global economic integration,Chinese enterprises are facing great risks.Foreign enterprises use patents to restrict the development of China’s export trade,the most typical is the US "337 investigation." Hidden behind the patent cases are the various companies are competing for the market share.The performance of Chinese enterprises in patent litigation is not good.Few companies choose to respond the suits.Once in the proceedings,the chances of failure are also high.Our enterprises are lacking effective means to prevent the patent risk.As one of the most effective means to disperse risk,patent insurance has received the attention of our government in recent years.China began to establish a patent insurance system to prevent patent risk and improve the ability of enterprises to deal with the crisis in the face of patent litigation.In 2012,China began piloting patent insurance in five cities,and later added another 20 cities as the second batch of pilot cities.After three years of development,the first batch of pilot cities has made some achievements,but also exposed many problems.Compared to the development of foreign experience for decades,development time of our country’s patent insurance is too short.China should learn from the advanced experience of foreign countries,learn from the problems in the development of developed countries,and explore the patent insurance system suitable for China.In addition to the introduction and conclusions of this article,the text is divided into the following three parts:The first part takes the United States,Britain and the European Union as examples to sort out and evaluate the process of patent insurance system construction in developed countries.At the same time,China has begun to establish a patent insurance system,the first part of the development of China’s system.From the government,enterprises,industry and other aspects,put forward the existing problems.This part hopes to analyze the theory and practice of patent insurance system in developed countries,and make reasonable suggestions for the development of our patent insurance system.The second part is about the theory of patent insurance.Introduce the concept and classification of patent insurance.Analyze the content of the legal relation of patent insurance.Point out the specialty of patent insurance compared with general property insurance.And expound the risk and risk prevention.The third part focuses on the insurance properties of patent insurance,analyzes the nature of patent insurance,and expounds the principles of patent insurance.Also introduced the patent insurance benefits,and finally settled in insurance practice,explain the patent insurance claims and claims procedures.The fourth part puts forward specific suggestions for system construction from the legislation,the government,the insurance industry,enterprises and so on.The purpose is to explore the next step of Chinese patent insurance system development.