On the utility model patent, which of the following statements is true?The utility model patent may be claimed on a specific technical process.
(A)The requirement of inventive step shall be examined to grant a utility model patent.✕ 你選的
(B)The claims and the✕ 你選的
(C)specification are indispensable for the application of a utility model patent.The term of a utility model patent will not expire until the end of twelve years after the patent application was✓ 正解✕ 你選的
(D)made.|70650✕ 你選的
104 年選
第 2 題
The derivative design patent is currently authorized by the Taiwan Patent Act. Which of the following statementsabout the derivative design patent is not appropriate?The application date of a derivative design patent may be subsequent to that of the original design patent.
(A)The publication of the original de✕ 你選的
(B)sign patent is not relevant to the application date of the derivative designpatent.The term of a derivative design patent is dependent upon that of the original design patent.✓ 正解✕ 你選的
(C)The exclusive rights about a derivative design patent may be independently a✕ 你選的
(D)sserted by the patent withoutconsidering the original design patent.✕ 你選的
104 年選
第 3 題
If the Taiwan Patent Act were added a provision stating the term of a patent owned by a foreigner is 10 yearsafter the patent application was made, what rule such the provision would have violated under the TRIPSAgreement?Reciprocity
On the technical evaluation report of a utility model patent, which of the following statements is true?The application of
(A)the technical evaluation report will be rejected provided that the related utility model patentexpired.Without the technical evaluation report, the patentee can’t assert the exclusive rights against the infringers.✕ 你選的
(B)The competitor in the market may app✕ 你選的
(C)ly for the technical evaluation report when the related patent applicationhas been published.The patentee may warn others of any potential infringing act even though the technical evaluation report is not✓ 正解✕ 你選的
(D)simultaneously presented.✕ 你選的
104 年選
第 5 題
A filed a patent application on the invention X in U.S. on January 1, 2014. For the purpose of the internationalpatent strategy, A is also filing a patent application of the same invention in Taiwan on November 1, 2014. But Afound that B has filed the same invention in Taiwan earlier than November 1, 2014. In order to secure thenovelty requirement of A’s application on the invention X in Taiwan, A should follow the Taiwan PatentAct to about the patent application in Taiwan.Choose the one sentence that best completes the above sentence.request an earlier publication
(A)claim the international priority✕ 你選的
(B)request a substantive examination✓ 正解✕ 你選的
(C)amend the claims✕ 你選的
104 年選
第 6 題
WTO Members shall provide for the protection of plant varieties either by patents or by an effective sui generissystem or by any combination thereof.“sui generis”means:superior
(A)unique✕ 你選的
(B)inferior✓ 正解✕ 你選的
(C)powerful✕ 你選的
104 年選
第 7 題
A was employed by B to develop a new touch-screen device. Without the consent of B, A has filed the patentapplication and is granted a patent about the invented device after A conceived a touch-screen device X runninga special function the traditional devices were never embedded with. Which of the following statements isappropriate under the Taiwan Patent Act?While A enjoys the inventorship of X, B is entit
(A)led to the statutory license about X.B may request an invalidation action against A at the Taiwan Intellectual Property Office to restore B’s legal✕ 你選的
(B)status about the patent according to Article 35 of the Taiwan Patent Act.A and B both enjoy the joint i✓ 正解✕ 你選的
(C)nventorship about X.While B enjoys the inventorship of X, A is entitled to the statutory license about X.✕ 你選的
104 年選
第 8 題
may be adopted as a defense against any infringement of patented pharmaceuticals made for the relatedresearch and trials to pursue the market approval of drugs under the Pharmaceutical Affairs Act.Choose the one phrase that best completes the above sentence.The exhaustion doctrine
(A)The experimental exemption✕ 你選的
(B)The prior user right✓ 正解✕ 你選的
(C)The compulsory license✕ 你選的
104 年選
第 9 題
On the remedy of paragraph one of Article 96 under the Taiwan Patent Act that equips the patentee to stop fromthe continuous status of the patent infringement, which of the following terms is best fit for the aforesaidremedy?The permanent injunction
(A)The damages✓ 正解✕ 你選的
(B)The preliminary✕ 你選的
(C)injunctionThe border control✕ 你選的
(D)|70650✕ 你選的
104 年選
第 10 題
Based upon the jurisprudence of estoppel, any person can’t request another invalidation proceeding against apatent again in accordance with the same evidence under the same fact provided that such the evidence has beenraised in the prior invalidation proceeding and been denied as a ground to invalidate the patent before the TaiwanIntellectual Property Office.In the above paragraph, “estoppel” means:jurisdiction
(A)preclusion✕ 你選的
(B)injunction✓ 正解✕ 你選的
(C)confiscation✕ 你選的
104 年選
第 11 題
Under the same creation, A plans to file the application of the invention patent and the application of the utilitymodel patent at same date. Which of the following statements about the aforesaid applications is true?A merely chooses either the applicat
(A)ion of the invention patent or the application of the utility model patentfor further prosecution procedures at the filing date.The application of the inventi✕ 你選的
(B)on patent will be automatically withdrawn provided that the utility model patenthas been granted prior to the approval decision about the application of the invention patent made by theTaiwan Intellectual Property Office.If the utility model patent was finally revoked through the invalidation proceeding, the application of the✕ 你選的
(C)invention patent will be rejected according to Article 32 of the Taiwan Patent Act.Someone infringed the utility model patent which has been granted prior to the approval decision about the✓ 正解✕ 你選的
(D)application of the invention patent. The patentee is entitled to the remedies against such the infringement,other than the compensation about the exploitation of the creation during the publication of the patentapplication according to Article 41 of the Taiwan Patent Act.✕ 你選的
104 年選
第 12 題
According to the Taiwan Patent Act, which of the following statements is incorrect?Any person may file an invalidation action of the granted patent term extension to the Intellectual Property
(A)Office.Any person may request for an invalidation action against an invention patent when the invention patentee is✕ 你選的
(B)not the owner of the right to apply for the invention patent.Any person within three years after the filing date of a patent application for invention may make a request✓ 正解✕ 你選的
(C)with the Intellectual Property Office for substantive examination of the patent application.After a patent application for utility model is published, any person may file a request with the Intellectual✕ 你選的
(D)Property Office for a technical evaluation report of utility model patent.✕ 你選的
104 年選
第 13 題
FRAND licensing, are licensing obligations that is often required by standards organizations for members thatparticipate in the standard-setting process.What does “FRAND” usually stand for?free and anti
(A)-discriminatory termsfree, released and non✕ 你選的
(B)-standard termsfriendly terms✕ 你選的
(C)fair, reasonable and non✕ 你選的
(D)-discriminatory terms✓ 正解✕ 你選的
104 年選
第 14 題
The express grant of conveys promises by the patentee not to practice the patent himself and not to grantany further licenses to third party. Choose the one phrase that best completes the above sentence.
(A)a sole license✕ 你選的
(B)an exclusive license✓ 正解✕ 你選的
(C)a non-exclusive license✕ 你選的
(D)a statutory license✕ 你選的
104 年選
第 15 題
is an illustrative example for practicing the invention claimed, and is located within the specification of apatent. Choose the one phrase that best completes the above sentence.Prior art
(A)Cas✕ 你選的
(B)e referenceAn embodiment✕ 你選的
(C)Abstract✓ 正解✕ 你選的
104 年選
第 16 題
Secondary considerations may be used as objective evidence of the actual marketplace setting to strengthen theassessment of the inventive step under patent law. Which of the following evidence is not admitted as secondaryconsiderations?Unexpected results
(A)Commercial success✕ 你選的
(C)CopyingSuggestion of prior art✕ 你選的
104 年選
第 17 題
The specification of a patent works closely the claims in the cases of patent prosecution or patent infringement.Which of the following statements about the patent specification is true?The specification serves the boundary of patent rights to secure the patentee’s interest under patent law.
(A)The specification is irrelevant to the evaluation of enablement about a patent.✕ 你選的
(B)The specification always functions w✕ 你選的
(C)ith the claims but can’t be unlimitedly imported to claim construction tonarrow the interpretation of a claim.The specification may be considered extrinsic evidence for the purpose of claim construction.✓ 正解✕ 你選的
(D)|70650✕ 你選的
104 年選
第 18 題
The calculation of damages through the model of reasonable royalties is made on a hypothetical negotiationbetween the patentee and the infringer at the time of patent infringement.In the above paragraph, “hypothetical” means:authentic
(A)assumed✕ 你選的
(B)factual✓ 正解✕ 你選的
(C)reliable✕ 你選的
104 年選
第 19 題
The license agreement states: “Licensee hereby indemnify Licensor from any lawsuit brought against it….”“indemnify” means:
(A)identify damage and lossdeny responsibility✕ 你選的
(C)compensate damage and loss✓ 正解✕ 你選的
(D)equally share damage and loss✕ 你選的
104 年選
第 20 題
The invention defined by Article 21 of the Taiwan Patent Act serves an eligible subject-matter of a patent. Whichof the following statements about the invention is true?
(A)All creations related to DNA modification should not be considered the eligible inventions under the TaiwanPatent Act on the ground that such the creations are of nature products.✕ 你選的
(B)The software-related creations should not be considered the eligible inventions under the Taiwan Patent Act toavoid the monopoly enjoyed by the patentee over algorithm or abstract ideas.✕ 你選的
(C)The method to produce the specific microorganisms may be admitted as an eligible invention according to theTaiwan Patent Act.✓ 正解✕ 你選的
(D)The business model may be an eligible invention without considering any technical effect from such themodel.✕ 你選的
104 年選
第 21 題
Concerning the application of an invention patent, shall disclose the invention in such clear andsufficient terms as to enable a person ordinarily skilled in the art to which it pertains to carry out the same.claims
(A)the specification✕ 你選的
(B)the deposit of biological material✓ 正解✕ 你選的
(C)the demand✕ 你選的
(D)letter✕ 你選的
104 年選
第 22 題
Compulsory licensing is designed to reconcile the conflicting interests between patent protection and publichealth under patent law. Which of the following statements about compulsory licensing admitted by theTaiwan Patent Act is true?
(A)Exploitation of a compulsory license shall be predominantly for the supply of domestic market withoutexceptions.✕ 你選的
(B)Taiwanese generic manufacturers can’t file an application of compulsory licensing in Taiwan and export thepatented drugs to any state with insufficient or no manufacturing capacities in the pharmaceutical sector wherethe epidemics have been spreading.✕ 你選的
(C)Compulsory licensing can’t be made until the requestor has made efforts to obtain authorization from the rightholder on reasonable commercial terms and conditions and that such effort have not been successful within areasonable period of time.✓ 正解✕ 你選的
(D)Under a compulsory licensing, the licensee of a compulsory license won’t need to pay appropriateremuneration to the patentee.✕ 你選的
104 年選
第 23 題
According to the Taiwan Patent Act, which of the following statements is incorrect?The Intellectual Property Office may advance the laying
(A)-open of a patent application upon the request of theapplicant.The term of a utility model patent shall expire after a period of ten yea✕ 你選的
(B)rs starting from the filing date.If extension of patent term is allowed, patent annuities shall still be paid during the extended patent term.✕ 你選的
(C)The duration of relevant time periods as specified in the✕ 你選的
(D)Taiwan Patent Act shall include the beginning datethereof.✓ 正解✕ 你選的
104 年選
第 24 題
Although the specification should be clear and straightforward with avoidance of unnecessary technical jargon,the use of recognized terms of art is acceptable, and will often be desirable. Terms already having an establishedmeaning should not be allowed to be used to mean something different if this is likely to cause confusion. Theremay, however, be circumstances where a term may legitimately be borrowed from a(n) art. Terminologyand signs must be consistent throughout the application.Choose the one that best completes the above sentence.conscious
(A)analogous✕ 你選的
(B)erroneous✓ 正解✕ 你選的
(C)extemporaneous✕ 你選的
104 年選
第 25 題
According to the Taiwan Patent Act, which of the following statements is incorrect?Where a patent contains more than one claim,
(A)an invalidation action may be filed against parts of the claims.An invalidation statement shall not be modified, added or narrowed after filing.✕ 你選的
(B)Where an invention patent is revoked finally and bindingly, the effect of patent right shall be deemed not✓ 正解✕ 你選的
(C)tohave existed.An invalidation action may be withdrawn by the requester before a decision concerned has been rendered.✕ 你選的
(D)However, if the patentee has already submitted a response, such withdrawal shall be consented by thepatentee.✕ 你選的