Patent Post Issuance Review in U.S.: Compare with Patent Invalidation System in Taiwan

• Main Authors: LI,Yan-Min, 李彥旻
• Other Authors: Yang, Chih-Chieh
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/mgv385

碩士 === 國立雲林科技大學 === 科技法律研究所 === 103 === During the U.S. patent infringement lawsuit, it is the validity of the patent that alleged infringers defend the most frequently. Due to the lengthiness of the lawsuit in the U.S., as well as the high cost of the lawsuit, it takes a long time to determine the validity of the patent. Hence, the early U.S. Congress created the process of patent reexamination process, so as to solve the controversy of the validity of the patent. The validity of the patent can be determined more rapidly in the patent reexamination process than at the patent litigation, but it still takes two to three years. On September 16, 2011, therefore, the America Invents Act was passed by the U.S. Congress, creating three patent licensing review procedures, so that the validity of the patent could be determined efficiently. However, are there any differences between the three new review procedures and the unilateral reexamination procedure in the aspects of the operation mode and their procedures? Are there any impacts between the validity of the patent determined by the court and the reexamination decision made by Patent Trial and Appeal Board on each other’s procedure? Even, during the patent infringement litigation, what is the court’s opinion about alleged infringers’ request that the court stop the litigation proceeding to wait for the outcome of patent reexamination? In this study, the legislative evolution of America Invents Act and the three new administrative procedures for challenging the validity of the patent were first introduced and analyzed. Then, the three patent licensing review procedures and Taiwanese patent invalidation were compared, and several conclusions were also proposed. It is hoped that this study can help future researchers to investigate this issue.