What has changed for patent damages?


Some major changes to damage claims for patent infringement have been made under Taiwan’s newly amended Patent Act.

Subjective element of patent infringement

The civil remedy of patent infringement in the old Patent Act has been categorised into “damage claim” and “removal/prevention of infringement”. According to the Civil Code, the infringer’s intent or negligence is clarified as a prerequisite for a “damage claim”, while “removal/prevention of infringement” is similar to the removal and prevention of interference in the right of claim for tangible objects.

Consistent with the rationale of damage claims under the Civil Code, the new Patent Act clarifies that, for the “removal or prevention of patent infringement” factual infringing acts or likelihood of infringement are deemed sufficient, regardless of the infringer’s subjective element. For claiming damages, however, the patentee should further prove that the infringer has intent or is negligent of the alleged patent infringement.

damages, patent infringement, Taiwan Patent Act