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
8.
Claim construction
8.1
When during a patent infringement action are claim terms defined by the tribunal?
 
Taiwan
Although no laws or bylaws require the Taiwan IP Court to hold special hearings to interpret disputed claim terms, as the US courts do in Markman hearings, IP Court judges are increasingly adopting this practice, requesting the parties to present arguments on claim construction at an early stage of a patent infringement lawsuit.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
8.2
What is the legal standard used to define claim terms?
 
Taiwan
The standard of clear and convincing evidence is adopted in terms of claim construction disputes which are deemed as a matter of law (while the preponderance of evidence standard is adopted for adjudication of factual disputes in patent infringement lawsuits). Occasionally, the IP Court issues its own version of claim construction where it believes the parties’ interpretations are both wrong.

For more information about this answer please contact: Tony Tung-Yang Chang from Saint Island International Patent & Law Offices
8.3
What evidence does the tribunal consider in defining claim terms?
 
Taiwan
Both intrinsic and extrinsic evidence may be considered in defining disputed claim terms. However, intrinsic evidence is accorded higher priority. If the intrinsic evidence is sufficient to render a clear interpretation to the claim language and the meaning of its technical features, it is not necessary to consider the extrinsic evidence. If extrinsic evidence and intrinsic evidence are in conflict or inconsistent with respect to the interpretation of the claims, priority will be given to the intrinsic evidence (Important Notes on Patent Infringement Assessment).

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