Research On China's Patent Insurance Legal System

Under the background of science and technology leading development and knowledge creating wealth,more and more social and economic entities use patents to protect and strengthen their own competitive advantages.However,the complexity of the patent itself and the risks in the application process require that the relevant subjects act with a high degree of caution,so there is a need to diversify risks,and patent insurance arises at the historic moment.China's patent insurance legal system is initially established based on the legal norms in the insurance and patent fields,and currently relies on pilot policies in various regions to promote its implementation.In order to enable patent insurance to be effectively promoted and standardized,and to effectively play the role of patent insurance in diversifying the risks of patent application subjects,activating patent applications,and promoting economic development,it has theoretical and practical significance for the discussion of patent insurance legal system.Through literature analysis and comparative analysis methods,on the basis of analyzing the connotation and extension of patent insurance,the current development of China's patent insurance legal system is analyzed,and the relevant experience outside the region is referenced to make recommendations for the improvement of China's system.Patent insurance refers to insurance-related insurance products that are related to patents.According to the different methods of patent implementation,patent operation,and patent services that generate value for patents,patent insurance can be correspondingly divided into three categories.Patent insurance is feasible due to the insurability of risks in the use of patents and the compliance with the principle of insurance interest,and it is necessary to implement it because of its insurance,economic and social functions.Through the analysis of the legal relationship of patent insurance,it is clear that the insured and the insurer are the main body of patent insurance,and the two parties form the legal relationship of claims and debts according to the insurance contract.The operation of patent insurance needs to rely on the guidance and regulation of the corresponding legal system.China's patent insurance legal system is mainly derived from relevant laws and regulations in the field of insurance and patents.In addition,a series of policy documents and four batches of pilot work to promote the promotion of patent insurance.It also accumulated material for the development of the corresponding system.However,due to the late start,there are still some problems that need improvement in China's current patent insurance legal system.The practice of patent insurance in the United States,Europe and Japan provides a reference for China's system improvement.Combining with China's actual situation,we can start bystandardizing the patent insurance market and strengthening the construction of laws,regulations and supporting mechanisms to improve China's patent insurance legal system.