|Patent Validity and Infringement Litigation: An Analysis from a Perspective on Comparative Law|
|patent validity, invalidation action, invalidation litigation, infringement litigation, re-examination|
|In Taiwan, civil court does not decide on invalidity of a patent in infringement
proceedings. It is criticized widely for its serious delay of legal remedy. This thesis
tries to highlight the tenacity confronted to the international trend. In Chapter II,
the article introduces and analyzes several main judicial systems of the world dealing
with the validity problem of patent in infringement litigation, such as U.S.A.,
Great Britain, Japan, South Korea, Germany, and France. Referring to the analysis
results, Chapter III reviews the current regulations of our country and explicates
the theoretical foundation that justifies the court’s deciding on the validity of patent.
This chapter also brings up the probable questions while judging the validity of
patent would confront, and offers personal opinions about treatments. Then the thesis
ends with a review in Chapter IV.