Patentability of Invention and Utility Model Patents

• Main Authors: Chien-jung Huang, 黃建融
• Other Authors: Jack Lu
• Format: Others
• Language: zh-TW
• Online Access: http://ndltd.ncl.edu.tw/handle/35353588408244702096

碩士 === 東吳大學 === 法律學系 === 97 === Patent right is an intangible property right, as a form of ‘right’, it ought to be protected like any other rights. However, in actual practice, since patent right is full of uncertainties, too often right holders would find their rights “vanished in thin air,” leaving them naked without comprehensive protection. Hence, the process of forming such right (conditions constituting patent rights) deserves closer examination and evaluation. In this paper, legislations of developed nations with respect to the requirements for patent, and how the three most recognized requirements—industrial applicability, novelty, and advancement—can negatively affect patent rights are examined. In addition, a new set of requirements are proposed and their feasibilities are evaluated in the hope that patent rights can be more secured, and that disputes between opposing parties can be reduced to avoid unnecessary waste of commercial or legal resources. The main focus of this paper centers around invention and utility model patents and is divided into four sections. The first section is the introduction; the second section focuses on the significance of patent requirements of Taiwan, China, the United States, Japan, EU and other WTO member economies (or organizations). The third section has two chapters, focusing on various related current issues. The first of the three is a general discussion and analysis on each nation’s patent requirements; the second evaluates and analyses the stability and problems of current patent rights in Taiwan. The fourth section discusses the feasibilities of a new set of patent requirements, and ends with a chapter on conclusion and suggestions.