Taiwan
Answer ... 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 and Commercial 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.
Taiwan
Answer ... See question 4.1.
Taiwan
Answer ... 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.
Taiwan
Answer ... Clear and convincing evidence must be provided to rebut the presumption of validity of an invention patent.
Taiwan
Answer ... 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.
Taiwan
Answer ... Neither a pre nor post-opposition action against a patent is available in Taiwan.
Taiwan
Answer ... Neither a pre nor post-opposition action against a patent is available in Taiwan.
Taiwan
Answer ... Neither a pre nor post-opposition action against a patent is available in Taiwan.
Taiwan
Answer ... Neither a pre nor post-opposition action against a patent is available in Taiwan.
Taiwan
Answer ... 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.
Taiwan
Answer ... Neither a pre nor post-opposition action against a patent is available in Taiwan.
