2017 年 8 月 8 日

The major obligation of patent licensors is to allow their licensees to exercise patent rights pursuant to the licensing agreement during the term of license, but they are not obligated to transfer patent rights to the licensees(Taiwan)

Lenore Chen The Taiwan High Court rendered the 104-Shang-1279 Civil Decision (hereinafter, this “Decision”) of June 1, 2016, holding that the major obligation of patent licensors is to allow their licensees to exercise patent rights pursuant to the licensing agreement […]
2017 年 8 月 8 日

Although the examination of inventive steps may be conducted by determining a combination of invalidation evidence, still it should be considered if such combination is obvious to persons with ordinary skills in the art associated with the invention(Taiwan)

Luke Hung The Supreme Administrative Court rendered the 105-Pan-298 Decision of June 8, 2016 (hereinafter, the “Decision”), holding that although the examination of inventive steps may be conducted by determining a combination of invalidation evidence, still it should be considered […]
2017 年 8 月 8 日

Partial Amendments to the Enforcement Rules of the Patent Law(Taiwan)

Jane Tsai The Ministry of Economic Affairs (hereinafter, the “MOEA”) promulgated Articles 26, 51 and 53 of the Enforcement Rules of the Patent Law as amended via the MOEA-Jing-Zhi-10504602860 Directive of June 29, 2016. First, applicants are encouraged to file […]
2017 年 8 月 8 日

A technical evaluation report for utility model patent is not a precondition for bringing an action or exercising patent rights

2017.01.12 Jane Tsai The Intellectual Property Court rendered the 105-Min-Zhuan-Shang-30 Civil Decision of January 12, 2017 (hereinafter, the “Decision”), holding that a technical evaluation report for utility model patent is not a precondition for bringing an action or exercising patent […]
2017 年 7 月 31 日

If a court fails to ascertain whether the technical features of patent claims and a product have any substantive difference and whether they can be easily thought up or easily substituted, the court decision is in contravention of the laws or regulations(Taiwan)

2017.4.24 Jane Tsai The Supreme Court rendered the 106-Tai-Shang-585 Civil Decision of April 24, 2017 (hereinafter, the “Decision”), holding that if a court fails to ascertain whetherthe technical features of patent claims and a product have any substantive difference and […]