| Summary: | 碩士 === 逢甲大學 === 財經法律研究所 === 102 === On September 16, 2011, President Obama of the United States of America signed Leahy-Smith America Invents Act of Patent law amendments that is called the biggest innovation in patent development history. The amended Patent stipulations were enforced one year later, hence the patent landscape is developed to a brave new world. In the Amendment, in addition to the first-inventor-to-file reform, another event attracts more attention is new post grant procedures created and changes.
In new post grant procedures, Congress has not only introduced trial and discovery provided with “nature of the proceedings&;quot; in this administrative procedures first time, but also tried to transfer the patent validity determination of a patent lawsuit to USPTO by a rapid review schedule. Congress hope that the new patent stipulations will resolve the problem for long time which USPTO and Federal Courts determine simultaneously the validity for the same patent resulted in double wasting examination resource.
This study will discuss with the distinctions on stipulations and legal effects among these new created review procedures, ex parte reexamination procedure enforced to date and the lawsuit proceeding. However, these review procedures introduced trial and discovery of proceedings have any differences and limitations comparing with the court proceedings. Furthermore, the patent validity of a final adjudication of a court and the final written decision of the board of USPTO will bring any important impacts on the procedures and proceedings for each other. Moreover, when the defendant file a motion to stay the lawsuit pending the review decision during the review period, the court granted or denied this request with what kind of opinions that are different from the previous ex parte reexamination procedure.
In conclusion, this study will provide the legislation amendment proposals for Taiwan patent law by discussing the consequence of US review procedures enforced, and several referable recommendations to apply or deal with the review procedures for all industrials. I expected that corporations will be effective to exercise and defend the post grant procedures so as to create more business value.
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