Taiwan jurisdiction report: Commercial success finally proves sweet

The seminal IP Court decision was rendered for a patent invalidation dispute, in which a utility model (UM) for “a heat preservation cover for food” had been challenged, and later declared by the IP Office, as lacking inventive step in view of two prior art patents. As in many invalidation actions, the main issue contended by the parties before the IP Office was whether there would have been adequate motivation to combine the prior art features to arrive at the disputed UM. The IP Office’s answer was in the affirmative.