Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Patents
2.
Rights
2.1
What rights are obtained when a patent is registered?
 
Taiwan
When a patent is issued, the patent owner will have the exclusive right to manufacture, offer for sale, sell, use or import for any of these purposes the patented article; or, where a method patent is concerned, the exclusive right to use such method/process, or to use, sell or import for any of these purposes articles made through direct use of such method/process.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
2.2
How can a patent owner enforce its rights?
 
Taiwan
As far as invention patents and design patents are concerned, the Patent Law imposes no restrictions on enforcement. However, a utility model holder must first obtain a favourable technical examination report from the Taiwan IP Office before enforcing its utility model rights. A utility model holder that fails to comply with this duty will be liable to compensate the alleged infringer’s damages incurred due to the enforcement of the utility model, if the utility model is ultimately invalidated. While patent marking is recommended to reduce the patent owner’s burden of proving the required mental element of the defendant in asserting a damages claim (ie, that the defendant should have known that the disputed technology was patented), this is not mandatory, since other evidence is accepted to prove this mental element.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
2.3
For how long are patents enforceable?
 
Taiwan
There are three types of Taiwan patents: invention patents, utility model patents and design patents. The respective patent terms are 20, 10 and 12 years, all calculated from the filing date of the patent application; while the patent rights are actionable from the issue date of the patent.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices