專利師 104 年專業英文考古題

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. (B)The claims and the (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 (D)made.|70650

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 (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. (C)The exclusive rights about a derivative design patent may be independently a (D)sserted by the patent withoutconsidering the original design patent.

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 (A)The Most (B)-Favored-Nation TreatmentNational Treatment (C)Technology Neutrality (D)

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. (B)The competitor in the market may app (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 (D)simultaneously presented.

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 (B)request a substantive examination (C)amend the claims (D)

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 (B)inferior (C)powerful (D)

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 (B)status about the patent according to Article 35 of the Taiwan Patent Act.A and B both enjoy the joint i (C)nventorship about X.While B enjoys the inventorship of X, A is entitled to the statutory license about X. (D)

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 (B)The prior user right (C)The compulsory license (D)

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 (B)The preliminary (C)injunctionThe border control (D)|70650

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 (B)injunction (C)confiscation (D)

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 (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 (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 (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.

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 (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 (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 (D)Property Office for a technical evaluation report of utility model patent.

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 (B)-standard termsfriendly terms (C)fair, reasonable and non (D)-discriminatory terms

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 (B)an exclusive license (C)a non-exclusive license (D)a statutory license

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 (B)e referenceAn embodiment (C)Abstract (D)

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 (B) (C)CopyingSuggestion of prior art (D)

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. (B)The specification always functions w (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. (D)|70650

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 (B)factual (C)reliable (D)

The license agreement states: “Licensee hereby indemnify Licensor from any lawsuit brought against it….”“indemnify” means: (A)identify damage and lossdeny responsibility (B) (C)compensate damage and loss (D)equally share damage and loss

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. (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. (C)The method to produce the specific microorganisms may be admitted as an eligible invention according to theTaiwan Patent Act. (D)The business model may be an eligible invention without considering any technical effect from such themodel.

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 (B)the deposit of biological material (C)the demand (D)letter

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. (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. (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. (D)Under a compulsory licensing, the licensee of a compulsory license won’t need to pay appropriateremuneration to the patentee.

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 (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. (C)The duration of relevant time periods as specified in the (D)Taiwan Patent Act shall include the beginning datethereof.

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 (B)erroneous (C)extemporaneous (D)

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. (B)Where an invention patent is revoked finally and bindingly, the effect of patent right shall be deemed not (C)tohave existed.An invalidation action may be withdrawn by the requester before a decision concerned has been rendered. (D)However, if the patentee has already submitted a response, such withdrawal shall be consented by thepatentee.