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Newsletter Taiwan (September 2026)

Jaw-Hwa International Patent & Trademark & Law Offices Taiwan


I.  [Taiwan] How Hindsight Bias Quietly Creeps into Patent Litigation (Part 1)

 Taiwan courts often assess inventive step by combining multiple prior art references, creating a risk of hindsight reconstruction. Insights from the Supreme Court 2024 Tai-Shang-Zi No. 453 Civil Judgment shed light on how this issue may be addressed in practice.

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 II. [Taiwan] Can the Could-Would Approach Solve Patent Litigation's Hindsight Bias Problem? (Part 2)

 Following Part 1, this article turns to the Supreme Court 2024 Tai-Shang-Zi No. 453 Civil Judgment and examines whether the Could-Would approach can provide a more disciplined framework for reducing hindsight bias in inventive step analysis.

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 III.  TIPO Extends AEPRe Pilot Program for Another Year (Effective September 1, 2026)

 The Taiwan Intellectual Property Office (TIPO) has confirmed the continuation of the Accelerated Examination Program for Reexamination (AEPRe), which expedites the reexamination process for invention applications.

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 IV.  Taiwan–U.S. Patent Priority Document Exchange Program (Effective September 4, 2026)

 Patent applicants claiming priority between Taiwan and the United States are no longer required to submit certified copies of the priority documents; these may now be exchanged electronically between the two offices.

→Click here for the full article

 

Jaw-Hwa International Patent & Trademark & Law Offices



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