Research On The Patent Insurance Legal System

The 21 st century is an era of rapid economic development,then the intellectual property system has made immeasurable contribution to the economic development.After the participation into the WTO of our country,foreign trade gradually flourished.In today's era of knowledge economy,every country is fighting for gaining more knowledge property right resources before other countries.So if we want to win in the world economic competition,we must put enough protection for the intellectual property,especially the protection for the patent product.During the development of intellectual property economy,patent infringements happen frequently,which cause more and more patent litigation.While the patent litigation is so professional and complicated that the litigation cycle is so long.In addition,the enterprises involved in the litigation have to take high litigation costs and time costs.Small and medium enterprises are the indispensable main body of China's economic development.Once they encounter large-scale patent investigation or patent infringements,they may go bankrupt because the loss of the domestic and foreign markets,which will cause an immeasurable loss to the economy of our country.In order to solve the difficulty the enterprises can't deal with and avoid the patent risks,many countries have established the patent insurance system.We have introduced the patent insurance system into our country at the proper time.The first part of the paper briefly describes the background,purpose and significance and analysis research at home and abroad of patent insurance system.The second part introduces the origin,concepts,classifications and functions of patent insurance,elaborates in detail on the functions and legal analysis,briefly introduces three developing modes for now.The third part elaborates in detail on the current situation and the existence of problems of patent insurance system.Through the summary of the status of the pilot area and the implementation,we can find that the relevant legal provisions is not perfect for patent insurance system.At the same time,the level of patent quality in our country is low and the appearance of patent insurance causes the ascension of the litigation abuse.The value and the risks are hard to evaluate.The types now existing can't meet the demand of the enterprises.The fourth part mainly describes the patent insurance system of America,UK,EU and Japan and analyses things that we can refer.The fifth part puts forward the countermeasures to perfect the patent insurance system in our country,including perfect the regulations of “Patent Law” and “Insurance Law”,strictly check the equality of the insured patents,improve the solution mechanism for the patent dispute,establish and improve the evaluation system of patent value and risks.further expand the types and contents of patent insurance.All of them will promote the development of China's patent insurance system,provide more perfect protection for patent rights,gradually enhance the competitiveness of China's intellectual property.