Mental Elements of Patent Infringement Compensation: Empirical Survey of Taiwan Judicial Decisions and Its Comparative Implications

Abstract

During 2000 to 2007, Taiwan courts gradually settled on negligence liability for damages from patent infringement, and required plaintiffs to bear the burden of proof. The Intellectual Property Court since 2008 ruled defendants with low duty of care of no fault and unliable for damages. This experience may be of help for strict-liability countries that suffer from abusive patent assertions.