Taiwan: Obstacles to patent invalidity decisions


Crystal Chen and Jesse Peng

Patent invalidity can be raised as a defence in civil proceedings. If a civil court invalidates the patent at issue, the patentee loses the ground against the opposing party at that very civil proceeding. However, such a patent invalidation issued by the civil court applies only to each particular case.

Crystal Chen, Jesse Peng, patent invalidity, IP court, civil court, Taiwan Supreme Court, patent, CIPAA, Taiwan Intellectual Property Office, TIPO,