| Summary: | 碩士 === 國立臺灣科技大學 === 專利研究所 === 106 === It has long been a controversial issue that whether product-by-process claims cover any product that is the same as the product produced by the recited process steps (product identity theory) or only those products that were produced by the recited process steps (process limitation theory) in determination of patent infringement.
The Purposes of this study were to compare advantages and disavatages of two interpretations from the patent cases in the US, Japan and Taiwan. The methodologies of the study include comparative method and literature analysis. Comparative method: Court’s decisions and guidelines for determining patentability and clarity of product-by-process claims in US, Japan, and Taiwan are compared. Literature analysis: the domestic and foreign Jounal papers related to this topic are investigated.
The results of this study: for those products manufactured by a new process, using process claims to protect the inventions is more recommended. In order to preotect new products, product-by-process claims are used only in case it is necessary. Also, product identity theory for infringement assessment is more likely reasonable in Taiwan if the rule of necessity applied.
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