EXPERIENCE IN DEVELOPING PATENT INSURANCE IN THE UNITED STATES, CHINA, AND ORIENTATIONS FOR VIETNAM

Abstract

Abstract: In the context of Vietnam’s ongoing efforts to promote science, technology, innovation, 
and the commercialization of intellectual property, establishing a legal framework for managing 
patent-related risks has become an urgent necessity. This article aims to clarify the theoretical 
foundations of patent insurance, analyze the need for its development in Vietnam, and draw relevant 
lessons from the experiences of the United States and China. The study employs analytical, synthetic, 
comparative legal methods, as well as international experience review. The findings indicate that the 
operation of patent insurance is contingent upon the institutional framework and the level of market 
development in each country. While the United States has developed patent insurance under a  
market-driven mechanism, China has adopted a model characterized by state direction, market 
operation, and localized pilot implementation. Accordingly, Vietnam should pursue a phased, 
pilot-based approach to developing patent insurance, identifying priority subjects and scopes in 
order to establish an appropriate and effective legal framework.