Statistics on Patent and Trademark Dispute Cases in Taiwan

The following statistics are based on the 2015 annual report from Taiwan Intellectual Property Office (TIPO), which include the patent and trademark dispute cases relating to invalidation, opposition, revocation, appeal and administrative suit as initiated and also those decisions made within 2011 to 2015. It is to be noted that the appeal and administrative suit statistics are obtained by TIPO from the Ministry of Economic Affairs and Intellectual Property Court, respectively.

Patent Invalidation
YearInitiatedSustainedPartial SustainedRejected
20117924800474
20128284840448
2013660429113337
2014616365140329
2015604298103255

Starting on January 1, 2013, the invalidation of a granted patent could be initiated against all or partial claims so that the invalidation decision will be made on the cancellation of all or partial claims or to reject the invalidation as initiated.

Patent Appeal
YearInitiatedSustained
(the original decision cancelled)
Rejected
(the original decision sustained)
OthersCase closed for other reasonsSuccessful Percentage
201137828342087.41%
201238629341087.67%
201344437367289.42%
201442621390175.25%
201536715386464.62%

1) “Appeal Rejected” includes dismissal procedurally.
2) “Others” include partial rejected or cancelled cases.
3) “Case closed for other reasons” includes withdrawn, transfer of jurisdiction, cases combined, etc.

Patent Administrative Suit
YearInitiatedWithdrawnFavorable decision
for the plaintiff
Unfavorable decision
against the plaintiff
Partly winning /losingDismissal RulingsSettlementOthersTotal
201113553110220300161
2012126514737501105
201313381611112100148
201412269864300108
20151273188714600128

The above decisions include cases in which the MOEA is the defendant and its appeal decisions were cancelled; settlement refers to cases closed after the concerned parties had reached settlement agreement.

Trademark opposition
YearInitiatedSustainedRejectedOthers
2011881436124260
20121,009324177250
2013955421377273
2014868427265216
2015780470177261

“Others” include dismissal, cancellation or withdrawn, etc.

Trademark Invalidation
YearInitiatedSustainedRejectedOthers
201144419450122
201234513070129
201322511613089
201421310875101
20152101226074

“Others” include dismissal, cancellation or withdrawn, etc.

Trademark Revocation
YearInitiatedSustainedRejectedOthers
201144131033112
201257034341116
201351333152136
201462740547115
201566948735157

“Others” include dismissal or withdrawn, etc.

Trademark Appeal
YearInitiatedSustainedRejectedOthers
201144131033112
201257034341116
201351333152136
201462740547115
201566948735157

1) “Appeal Rejected” includes dismissal procedurally.
2) “Case closed for other reasons” includes withdrawn, transfer of jurisdiction, cases combined etc.
3) “Others” include partial rejected or cancelled cases.

Trademark Administrative Suit
YearInitiatedSustained
(the original decision cancelled)
Rejected
(the original decision sustained)
OthersCase closed
for other reasons
Successful Percentage
2011674346480314.77%
2012835377711114.63%
20138115965314109.92%
201478784652151013.01%
201572229709454.42%

The above decisions include cases in which the MOEA is the defendant and its appeal decisions were cancelled; settlement refers to cases closed after the concerned parties had reached settlement agreement.