Bulletin
LEE & LI Bulletin - May 2026
Bulletin
Should a Patent Holder Bear Liability for Damages upon Losing a Lawsuit on the Merits?
In intellectual property litigation practice, patent holders often file for provisional remedies—such as provisional attachments or preliminary injunctions—to prevent competitors from continuing to manufacture and sell allegedly infringing products, and subsequently initiate a lawsuit on the merits. However, if the patent holder ultimately loses the main lawsuit, and the affected competitor then sues the patent holder for torts based on Article 184 of the Civil Code and for violations of the Fair Trade Act due to the impact of such provisional remedies, a key point of contention arises: ... MoreTaiwan Patent Practices
- Can a Declaratory Judgment Action Be Brought to Confirm Non-Infringement of a Patent Covering a Therapeutic Indication Not Listed in a Drug's Package Insert?
- Is Product Design Behavior Considered an Act of Implementation Under the Patent Act?
- Supplementary Experiments to Overcome Inventive Step Rejections during the Patent Application Considered Substantive Contributions to Patent
- "Direct Substitution" in Determination of Fictitious Novelty and the Determination of Inventive Step — A Commentary on Supreme Administrative Court Judgment No. 577, Year 114 (Administrative Case)