Assessment Report on Patents Shall Not Go Beyond Legal Opinions.

The seminar on “Judgment Concerning Patent Rendered by Administrative Court” recently held by Taipei High Administrative Court and Shih Hsin University Law School deliberated the Administrative Court’s judgments concerning the criteria for the recognition of patent. Legal scholars suggest that the judgment concerning patent rendered by the Administrative Court should clearly list the request and dispute of each case so that the judge and the both concerned parties can clarify the scope of patent rights. Besides, the assessment report made by engineering research division under the judge’s request should simply provide opinions about technological issues instead of going beyond legal opinions.

 

The head of Shih Hsin University Law School, Jheng Jhong-Ren (鄭中人) considered that since the recognition of patent right scope and the validity regulation are based on application for patent scope and instruction leaflet, each party’s (including the judge) statement of facts should be included in the patent or objection examination decisions, statement for appeal, and written judgment. After legal questions have been clarified, debate and argument of evidence, deduction, and applicable provisions about the disputes should be conducted. Jheng Jhong-Ren (鄭中人) stressed that “In this way, there will be not only the consensus of communication among the concerned parties in litigation, but also the indirect reduction of the subsequent abuse of litigation and the waste of administrative resource.”

 

The professor of Department of Law of National Defense Management College, Sie Zu-Song (謝祖松) indicated that the Intellectual Property Office is the most suitable division that judge the validity of patent, while the analysis and conclusion of legal questions should be subsequently dealt with by judicial authorities. (2004.01)

CYJ/CCS