Date: 28 June 2023

While prosecution history estoppel (“PHE”) is common in patent infringement litigation in many countries, each country has different regulations and court practices in regard to claim interpretation in view of the prosecution history, limitations of PHE on the doctrine of equivalents (“DOE”), and the effects of the prosecution history of related cases. Director George J. H. Huang (Attorney at Law and Patent Attorney) introduces how PHE operates and how it is applied in the U.S., China, and Taiwan in his latest article “Prosecution History Estoppel: Differences in Regulations between U.S., China, and Taiwan and Suggested Strategies”. The article is featured in the latest Innovate Magazine by American Intellectual Property Law Association (AIPLA) on 21 June, 2023.

This article introduces regulations and cases related to PHE in U.S., China, and Taiwan, and provides different suggestions in each country for patent owners and alleged infringers. The article can be read here.