【Volume 14】 Non-obviousness and Infringement Judgment on Inventions with Parametric Claims: Analysis of Taiwan Intellectual Property Court Recent Decisions

Date: 12 February 2019

George Huang (Director, Attorney at Law and Patent Attorney) and Kai Furihata (Japanese Patent Attorney) have authored an article on the Taiwanese patent practices on issues concerning non-obviousness and infringement decisions of parametric claims. The article was published in the Journal of JIPA (《知財管理誌》VOL.68 NO.12, NO.816)

The Japan Intellectual Property Association (JIPA) is a non-profit, non-governmental organization representing industries and users of the intellectual property system and is the largest private organization in Japan concerned with intellectual property rights.

Below is a summary of the article:

Non-obviousness and Infringement Judgment on Inventions with Parametric Claims: Analysis of Taiwan Intellectual Property Court Recent Decisions

An invention patent with specific parameters would include “parametric claims”. A parametric claim is one that defines a product in terms of its specific parameters, such as directly measurable physical properties (e.g. size, proportions) of a product claim. The patent claim interpretation and judgement of patent infringement of patent with specific parameters are different from other invention patents and there are special examination guidelines for determining obviousness of parametric claims. In this article, the principle of non-obviousness and infringement judgment on inventions with parametric claims and relevant court decisions would be examined.

If you are interested in reading the full article, you could download the complete article at the end of the page. You could also visit:http://www.jipa.or.jp/kikansi/chizaikanri/mokuji/mokuji1812.html for more articles regarding intellectual property rights in Japan and Asia.

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