Observation of Pharmaceutical Patent on Patent Infringement Litigation in Taiwan: Also on the Impact of the Patent Linkage System
The patent linkage system in Taiwan came into effect on August 20, 2019, and the various industries in Taiwan have reacted differently. Opponents believe that there will be an adverse effect on the industry dominated by generic drugs in Taiwan. However, according to the statistics, the success rate for the generic drug industry is much higher than that for the name brand drug industry. The major reason that patentees have lost in litigation may be their failure to demonstrate the required inventive step. This article will discuss the criteria for the review of the inventive step of inventions, and hopes that court judgments can present a more predictable standard for determination of the same.