Taiwan Court Found Patent Not Novel For Being Publicly Sold on Shopee Before the Filing Date

In a patent infringement lawsuit involving between the patentee, Focus On Your Car Ltd. (“Focus”), and the defendant, Mr. Pin-Hao Lin (“Lin”), the Intellectual Property and Commercial Court (“IPC Court”) found Focus’ design patent, D234007 (‘007 patent), not patentable for not being novel under Article 122 of Patent Law. (Case No.: 114-Ming-Zhuan-Su-Zi No. 19)

The ‘007 patent, titled “Clip-on Bracket”, is directed to the design of a clip-on frame that could be embedded in the interior of a car for placing the mobile phone. The parties did not dispute that the product supplied by Lin fell into the patented scope. However, Lin argued that all the features of ’007 patent, including the twisted and curved corner, trapezoidal projection, thin shell, and fan-shaped bottom, have all been disclosed in product publicly sold on Shopee. The IPC Court agreed (see below).

 Per Article 122 of Patent Act, a design which is industrially applicable may be granted a design patent upon application in accordance with this Act, provided any of the following does not exist: 1. an identical or similar design was disclosed in a printed publication prior to the filing of the patent application; 2. an identical or similar design was publicly exploited prior to the filing of the patent application; or 3. the design was known to the public prior to the filing of the patent application.

The ‘007 patent was filed on March 1, 2024. Based on the sales records, purchase order, and notarized webpages from Shopee, the IPC Court found that the product embodying the ‘007 patent, at the very least, has been publicly accessible on February 16, 2024. Hence, the IPC Court ruled that the ‘007 patent shall be unpatentable for lacking novelty.

Source: https://judgment.judicial.gov.tw/FJUD/data.aspx?ty=JD&id=IPCV,114%2c%e6%b0%91%e5%b0%88%e8%a8%b4%2c19%2c20251217%2c2