The Judicial Review on Disputes of Patent Validity - A Focus on Analysis of the United States, Japan and Taiwan Law

• Main Authors: Chen, Kuo-Cheng, 陳國成
• Other Authors: Liu, Shang-Jyh
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/fux578

博士 === 國立交通大學 === 科技法律研究所 === 101 === The essay analyzes judicial review on disputes of patent validity in patent prosecution and post-grant process including analysis of administrative and civil procedure, and addresses the approach taken to deal issues of patent validity between two procedures in the legal system and practice among the United States, Japan and Taiwan to explore feasibility of harmonizing judgment disparity on patent validity. In addition, the Article presents preliminary proposal for dealing with disputing issues of patent validity occurred on the performance of Intellectual Property Court after the implementation of Intellectual Property Case Adjudication Act to provide informative reference for further legal research and patent practice. Chapter I of this paper offers an introduction. Secondly the chapter makes a presentation on legal systems of the United States, Japan and Taiwan respectively to understand relative status on disputing issues of patent prosecution in different legal framework as a basis for further related discussion. Chapter Ⅲ discusses the feasible measures taken to deal with disputing issues of patent validity under the legal and practice in the United States ,Japan and Taiwan. The forth chapter makes an analysis on possibility of harmonizing judgment disparity regarding conflicting issues of the patent validity according to the legal systems of the United States, Japan and Taiwan. Fifth chapter concludes with a preliminary proposal for the solution to the related disputing issues of patent validity based on foregoing discussion under legal and practice of the United States, Japan and Taiwan.