An Empirical Study on The Patentability Decisions of Taiwan Courts
|關鍵字:||專利要件;專利適格;產業利用性;新穎性;進步性;充分揭露;專利無效;專利得撤銷;Patentability;patent eligibility;Industrial applicability;novelty;non-obviousness;Enablement;invalid;voidable|
Patentability of inventions is the most important claim in the invalidly petitionary lawsuit or the applied lawsuit; in addition, it is also the most common defense in patent infringement lawsuit. To show the whole situation of the patentability decisions of Taiwan courts, I intend to complete an empirically quantitative study on the all administrative and civil judgments about utility model patents and invention patent after the establishment of Intellectual Property Court. Furthermore, I complete a more thorough study on non-obviousness such as the type of inventions. Through the holonomic empirical study, this thesis proclaim that there has a high success ratio of patent invalid petition cases , thus the ratio that patents have been determined invalid and voidable is observably high. Further more, the ratio that patents have been determined invalid and voidable in every level of trial is also high. On the other hand, to view several patentability of inventions relatively, this thesis claim that non-obviousness is the maximum of patentability of inventions judgements in administrative and civil trial. Thereinto, because lack of non-obviousness, a majority of patents have been determined invalid. For example, there is easier that to prove a patent is lack of non-obviousness than to argue a patent is valid. As said and narrated above, this situation is really a severe problem that should be solved imminently and preferentially.