The Supreme Court’s Adjudication on Whether a Post-grant Amendment of a Granted Patent Constitutes an Amendment of the Litigation Claim
When granted with a patent right, the patentee may file a request for amending the description, claim(s) or drawing(s) of the granted patent. Hence, once an alleged infringer has presented prior evidence sufficient to establish that the patent at issue lacks patentability in a patent infringement litigation case, the patentee is likely to file post-grant amendment requests with the Taiwan Intellectual Property Office during the litigation proceedings in order to overcome the defects in the…
