Research On The Legal Problems And Countermeasures Of Patent Insurance In My Country

With the rapid development of science and technology,the number of inventions and the number of applications for Chinese companies or individual patents have shown a growth pattern.From 2010 to 2018,the number of applications for invention patents in China was the highest in the world.Patents are the most important part of intellectual property rights,and the role of patents in corporate competition is increasing.Protecting patents becomes the key to innovation.Because patent infringement disputes are difficult to prove,the litigation costs are too high,the case is professional and the judgment is difficult to implement,the cost of defending the rights of enterprises or individuals is high and difficult.In a patent infringement dispute lawsuit,the patentee wins the case or loses the lawsuit,which will result in loss of time or property,and even more brings the risk of bankruptcy to the enterprise.Under the patentee's need to protect its legitimate rights and interests and reduce losses,patent insurance came into being.China's patent insurance is still in the pilot stage of exploration and practice,and it is accumulating experience for the whole country.However,the development of patent insurance in China is still immature,and there are many legal problems in operation.In addition to the introduction and conclusions,this paper is divided into four parts.The first part outlines the basic content of China's patent insurance development.This part analyzes the development background,pilot status,mode and main types of China's patent insurance from a micro perspective.The second part discusses the legal problems existing in China's patent insurance.It points out that China's patent insurance mainly has problems such as imperfect laws and regulations,patent insurance contract defects and lack of supervision in the development of the pilot.At the same time,it analyzes the causes of the problems.The third part introduces the development of patent insurance in the United States,Europe,Japan and other countries or regions,and summarizes the experience that China can learn from.On the basis of problem analysis and extraterritorial experience summarization,the fourth part puts forward countermeasures to improve the development of patent insurance in China around solving the problem of patent insurance contract defects and improving relevant laws and regulations and supporting systems.