TIPS^®  Taiwan Intellectual Property Special

Given the above, we may conclude that:

1. The verification report prescribed in Paragraph 2 of Article 131 of the Patent Law can be issued by a Non-Appointed Institute.

2. The defects in the failure of submission of a verification report when filing a complaint can be cured and rectified by re-submitting a new one.

3. Although a verification report issued by a foreign institute fulfills the requirement of the Patent Law, the Complainant needs to further demonstrate that the foreign institute is of the knowledge of the Taiwanese Patent Law and Practice and of the qualification to interpret the patent claims at issue. By doing so, the foreign institute needs to be cross-examined by the Court and the defendant.

4. Before the courts reach a consensus on the formality of the patent infringement verification report, we still suggest that the Patentee file a complaint along with a verification report issued by the Appointed Institute.