The Practical Development of Doctrine of Equivalents in the Supreme Court of Taiwan —A Survey of 2013 Tai Shang No. 1986 Decision

The Practical Development of Doctrine of Equivalents in the Supreme Court of Taiwan —A Survey of 2013 Tai Shang No. 1986 Decision

 

Title
The Practical Development of Doctrine of Equivalents in the Supreme Court of Taiwan —A Survey of 2013 Tai Shang No. 1986 Decision
Author
Kuo-Cheng Chen
Keywords
Doctrine of Equivalents, All-elements Rule, Prosecution
History Estoppels, Prior Art Preclusion, Interchangeability
and Readiness of Replacement
Abstract
The doctrine of equivalents is an established legal rule adopted by patent infringement
litigation practitioners and professors. However, the Supreme Court of
Taiwan has drawn criticisms for not elaborating the theory of this doctrine and providing
little guidance on how to apply this doctrine in the decisions. In response to
these criticisms, the Supreme Court of Taiwan provided its first clear delineation on
the doctrine of equivalents in 2013 Tai Shang No. 1986 decision, which made a
meaningful stride in developing the doctrine theory in the jurisprudence of Taiwan.
Taking a comparative perspective to the Taiwanese Supreme Court decision, this
article discusses the doctrine of equivalents and its limits as applied in the United States and Japan to explore their differences, specifically with respect to the allelements
rule, prosecution history estoppels, prior art preclusion, interchangeability
and readiness of replacement among these jurisdictions. Based upon a legal analysis
of the Supreme Court decision, the article concludes by presenting preliminary
suggestions and possible approaches taken as references to deal with disputes
yielded during application of the doctrine, along with the aim of achieving further
development of the doctrine theory in the Supreme Court in Taiwan.
Abstract Article

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