A Comparative Study on Prior User Right in United States, Japan, and Taiwan

• Main Authors: Chia-WeiWang, 王嘉薇
• Other Authors: Chung-Hsin Hsu
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/sbznf5

碩士 === 國立成功大學 === 法律學系 === 103 === The prior user right system has played an increasingly important role in all nations’ patent laws, and has great significance for balancing the interests of patentee and the prior user. Article 59(3) in Taiwan’s Patent Law:「the effects of an invention patent right shall not extend to the following circumstances: acts done by a person who has been exploiting the invention or making all the necessary preparations for doing such act in this country before the filing date of the invention. However, this provision shall not apply where the person has learned of the invention from the patent applicant for less than six months and the patent applicant has made a statement reserving his/her right to a patent being granted…」. In 2011, the clause of prior user right has been changed. However, there are some shortcomings in our prior user right system in the legislative. The research tries to put forward how to perfect the System under the national situations of Taiwan through comparison on the same System in the United States, and Japan.