| Summary: | 碩士 === 中原大學 === 財經法律研究所 === 93 === In the age of Knowledge-Based economics, the importance of intangible assets has already taken place over tangible assets, especially in intellectual assets. Intellectual assets would be interpreted as intellectual property rights if we protect it with concrete laws; but the contents of intellectual property rights are extremely wide, we only want to focus on patent rights; because everyone always pays more attention on it. The reason is patentee can hold exclusive rights and monopoly power on unique products and services during a certain period through patent law; therefore, patent rights always become a tool used by Hi-Tech industry to attack competitor.
Since the relation between patent rights and Hi-Tech industry cannot be separated, of course, we shall pay more attention on patent risk management, furthermore, it is also caused by the characteristic of patent rights, the risks of patent rights has already effected Hi-Tech industry deeply, even make its life circle to the end.
「Insurance」is always the best risk management to eliminate the risks, Hi-Tech industry can only focus on operating its business, making its profits, attracting inventors if the patent risks can be transferred by him to insurer.
Regard patent risks as the insured is lasting a very long time in American market, it not only because American market always pay attention on intellectual property rights and its risks, but also the insurance market is full of any kinds of insurances, 「patent insurance」 is one of them, patent insurance is also divided into two parts, one is the first party insurance, the other is the third party insurance. With the patent risks increasing continuously, EU also pays more attention on studying a suitable patent insurance for applying in whole area.
According to the studying of this thesis, we understand that different risks need to have different risk management to deal with, and as the result of analyzing patent risks, we also get the answer “patent risks is insurable”, therefore, it is helpful and beneficial for Hi-Tech industry to introduce patent insurance on eliminating patent risks. But because the conditions under our whole environment are incomplete, to apply patent insurance is seemed a tough working, including: the different legal system, patent valuation technique, insurance reviewed system and so on.
From finding problems, this thesis further discussing the issues of patent insurance by American legal system and legal practices, and then finding the best function to solve the certain problems.
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