美國專利紛爭解決之關鍵性變革──論美國專利複審程序的結構功能分析與實施成效

Translated title of the contribution: The Mechanism and Characteristics of the Revolutionary Patent Review System before the PTAB and an Empirical Review of Its Practice

Research output: Contribution to journalArticlepeer-review

Abstract

The Leahy-Smith America Invents Act (AIA) establishes a new patent re-view system before the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office. The purpose of the system is to review issued patents with a view to ensure a proper balance between the interests of patent right holders and that of the general public. The new review system is composed of three types of mechanisms, and the procedure of each type of mechanism has two distinct stages. On the one hand, the new procedure provides a patent challenger broader participation rights, and has strong adjudicatory characteristics. In this regard, the new procedure is a judicial proceeding in which parties resolve concrete disputes between them. On the other hand, the review procedure maintains strong administrative procedure characteristics and is a specialized agency proceeding. Indeed, the mixture of the characteristics and its procedural design are the hallmark of the efficiency and success of the new system.
Translated title of the contribution The Mechanism and Characteristics of the Revolutionary Patent Review System before the PTAB and an Empirical Review of Its Practice
Original languageChinese (Traditional)
Pages (from-to)1-62
Number of pages63
Journal交大法學評論
Volume2
DOIs
StatePublished - Dec 2017

Keywords

  • Patent
  • Patent Litigation
  • AIA
  • Post-Grant Review
  • Inter Partes Review
  • Covered Business Method Patent Review

Fingerprint Dive into the research topics of 'The Mechanism and Characteristics of the Revolutionary Patent Review System before the PTAB and an Empirical Review of Its Practice'. Together they form a unique fingerprint.

Cite this