Practice Areas | Legal Enforcement | Q & A
H. Appeal 5. How long does it take the appeal court to write its decision?
It takes about two to four weeks as the case may be.
H. Appeal 6. How often do patent appeals progress beyond the appeal court to the very highest court?
Almost all cases can go to the Supreme Court if the claimed damages amount is over NTD 1.5 million.
I. The cost of litigation 1. Is the winner of a patent litigation entitled to recover its costs? (This question is amended)
Yes. The litigation costs a winning party can recover in first and second instances include court fee but do not include attorney’s fees. However, attorney’s fees can be awarded for cases appealing to the Supreme Court, , provided that a representative attorney is statutorily required for litigation at the Supreme Court level.
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