Research On China's Patent Insurance Development

Patent right is the core competitive capital of a science and technology innovation-oriented enterprise,and the science and technology innovation-oriented enterprise is the mainstay of China's development into an innovation-oriented country.The protection of patent rights first is to safeguard the intellectual property of the patentee;Second,it can promote the development of innovation and avoid the repetition of the same technology;Third,it can put the patented technology and turn patents into productive forces,improve China's economic development.In the process of patent transformed into productive forces will face many risks,infringement risk may occur or be infringement risk,etc.,often have to go after the events of the tort law application in legal proceedings,enterprises will face high costs,some companies are hard to bear,especially involving infringement events outside the territory of China,overseas legal litigation costs more expensive,lead to incapable of responding to some small and medium-sized enterprises in our country,it will have a big impact on the export trade of our country.Therefore,the development of patent insurance will promote China's independent innovation and foreign trade.China's patent insurance is still in the pilot stage,and still have many problems should be done.Therefore,it is necessary to find a development path suitable for China's patent insurance in theory and practiceThis article first through to our country in 2012-2017 domestic patent grant and infringement,and the "337 investigation"statistical analysis of the impact on Chinese enterprises in patent numbers,enterprises at home and abroad by patent infringement frequent phenomenon,when dealing with the cases of infringement of patent litigation and enterprise's ability is weak,the exploitation of the patent insurance of our country has a good opportunity;Second analyze the insurance of our country patent pilot status,mainly on policy documents issued by the government,the insurance company's patent execution of insurance contract clauses,analyzed ZhongGuanCun,ChanCheng district and NingBo city three pilot areas operating results,pointed out our country patent insurance pilot results of positive,but there is also less actual operation of patent insurance coverage,the government premiums for a single object,operation stability is not high,narrow coverage,propaganda,service supervision system is not perfect enough;And then analyze Europe,Japan and the UK with different operation mode three patent insurance relatively mature a summary on the development experience of the country,it is concluded that the development of insurance of our country in the patent to probe the operation mode suited to its national conditions,development is planted with local characteristics,active play to the government's leading role,formulate attractive premium and expanding coverage experience lesson;Finally,from the selection of operation mode,the establishment of'insurance kinds,the government and insurers and other related subjects,offer some proposal.