A Study On The Construction Of Legal System Of Patent Insurance

Patent insurance is new type insurance interiorly. In the point of theory and practice, itis very important to make research on the patent insurance system and the regularizing onthe patent insurance by law. This article describes the basic facets of patent insuranceincluding definition, type, and the value of the system. Analyze the history and the currentsituation of the regularizing on patent insurance by law, combined with the success andfailure in Europe and other Asian countries on the patent insurance law regulation, In orderto make up for the blank of legal regulation on patent insurance theory, I will suggest amodel of law regularizing under the conditions of our country.In the point of practice, research on the legal regulation of patent insurance also hassignificance. In the past, a major policy concerned regarding patenting activity is related tothe actual enforceability of patents granted by Patent Offices. Such as grant of patents,patent license, patent enforcement, patent protection. Recently, the patent makes progressfrom quantity to quality, the power of protecting of patent rights has been strengthened.The risk of facing elevated legal costs to defend patent rights can affect ex-ante incentivesto invest in R&D. Patent insurance appeared. In Europe and the United States Patentinsurance system has been in operation for nearly20years, the legal regulation of patentinsurance developed too. As to the legal relationship of patent insurance, it changes fromenforcement insurance to liability insurance, and patent validity insurance for the patent&license exchange. In addition, some scholars put forward legal system of compulsorypatent insurance.Patent is an intangible property, patent insurance will be quite different from thetraditional insurance, has its own characteristics. The legal regulation mode of patentinsurance is not unified at home and abroad. This paper will put forward the reasonablemode of patent insurance combined with the difficult problems in theory and practice.