Taiwan Patents Comparative Guide

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Patent enforceability

5.1

What makes a patent unenforceable?

Taiwan

Saint Island International Patent & Law Offices

Answer ... In Taiwan, a patent applicant does not bear a duty to disclose to the Taiwan IP Office any information known to be material to patentability. Therefore, the defendant does not have a defence based on the patent owner’s inequitable conduct. However, this does not mean that a bad-faith application will avoid punishment. A person that falsely asserts itself as an inventor or authorised applicant of a patent application may commit a criminal offence of providing false statements to government officials.

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

5.2

What are the inequitable conduct standards?

Taiwan

Saint Island International Patent & Law Offices

Answer ... See question 5.1.

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

5.3

What duty of candour is required of the patent office?

Taiwan

Saint Island International Patent & Law Offices

Answer ... See question 5.1.