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
4.
Validity/post-grant review and/or opposition procedures
4.1
Where can the validity of an issued patent be challenged?
 
Taiwan
Either at the Taiwan IP Office by filing an invalidation action or at a civil court by filing a declaratory judgment; or simply by raising an invalidity defence in an infringement lawsuit.

Patent civil actions are filed with and tried at the Taiwan IP Court, unless the parties have consented to the jurisdiction of a district court before filing or the defendant does not raise an objection to a district court’s jurisdiction where an IP litigation is filed.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
4.2
How can the validity of an issued patent be challenged?
 
Taiwan
See question 4.1.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
4.3
What are the grounds to invalidate an issued patent?
 
Taiwan
An issued patent may be invalidated on grounds of:

  • lack of patentability (ie, novelty, inventive step or industrial applicability);
  • ineligible subject matter;
  • a description which does not fully disclose the invention in a clear and sufficient manner;
  • failure to disclose claims in a clear and concise manner which is supported by the description;
  • lack of standing to apply for the invention at the time of filing; or
  • any other regulatory non-compliance as stipulated in Article 71 of the Patent Law.
For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
4.4
What is the evidentiary standard to invalidate an issued patent?
 
Taiwan
Clear and convincing evidence shall be provided to rebut the presumption of validity of an invention patent.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
4.5
What post-grant review or opposition procedures are available for third parties to challenge the validity of a patent?
 
Taiwan
A third party may challenge the validity of an invention patent by filing an invalidation action, by filing a declaratory judgment of non-infringement on the ground that the patent should be invalidated or simply by raising an invalidity defence against the patent in an infringement lawsuit. Neither a pre nor post-opposition action against a patent is available in Taiwan.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
4.6
Who can oppose a granted patent?
 
Taiwan
Neither a pre nor post-opposition action against a patent is available in Taiwan.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
4.7
What are the timing requirements for filing an opposition or post-grant review petition?
 
Taiwan
Neither a pre nor post-opposition action against a patent is available in Taiwan.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
4.8
What are the grounds to file an opposition?
 
Taiwan
Neither a pre nor post-opposition action against a patent is available in Taiwan.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
4.9
What are the possible outcomes when an opposition is filed?
 
Taiwan
Neither a pre nor post-opposition action against a patent is available in Taiwan.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
4.10
What legal standards will the tribunal apply to resolve the opposition or challenge, and which party bears the burden of proof?
 
Taiwan
The legal standard adopted in this regard is the standard of clear and convincing evidence. The petitioner of the invalidation action bears the burden of proof.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
4.11
Can a post-grant review decision be appealed and what are the grounds to appeal?
 
Taiwan
Neither a pre nor post-opposition action against a patent is available in Taiwan.

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