專利師 105 年專業英文考古題

Which of the following is (are) not patentable subject matter(s) for purpose of applying invention patent inthe R.O.C.?I. a therapeutic method for the treatment of a dog.II. a transgenic dog.III. a non-essential biological process for the production of a dog.IV. a transgenic tulip.II and IV only

In the R.O.C., dissatisfied with a decision of rejection may provide reason(s) to request areexamination within two (2) months after the date on which the decision of rejection is served. And, if thepatent application(s) is (are) not accepted or dismissed for formality defects or on the ground of ineligibilityof the applicant, the applicant may directly file administrative remedy actions.I. An invention patent applicantII. An utility model patent applicantIII. A design patent applicantI and II only

In the R.O.C., where a patentee establishes multiple pledges on the same patent for the purpose of securingmultiple creditors’ rights, the ranks of these pledges shall be determined according to the order oftheir .filing of the application

Where an applicant has first applied for a patent in a foreign country, which reciprocally allows R.O.C.nationals to claim patent priority, or with any member of the World Trade Organization (WTO), theapplicant may claim priority in respect of an R.O.C. patent application for the same invention if the R.O.C.patent application for the same invention is filed within twelve (12) months after the filing date of the saidfirst patent application. And, the period of twelve (12) months prescribed is calculated from offirst patent application to the filing date of the R.O.C. patent application.the day following the filing date

Based on the principle of ne bis in idem set forth in the R.O.C. Patent Act, under which of the followingcircumstances, a person shall not be allowed to separately file an invalidation action against the same patentbased on the same facts and evidence?I. where another invalidation action has been filed based on the same facts and evidence and consideredgroundless by a decision.II. In an administrative action concerning revocation of a patent, where the Intellectual Property Court hastaken into account the new evidence submitted on the same grounds for the revocation prior to the end ofthe oral argument, and considered groundless by a judgment.III. where administrative remedy proceedings are filed but dismissed finally and bindingly.I and II only

In accordance with the Enforcement Rules of the R.O.C. Patent Act, the shall mean the technicalfeature(s) which define(s) a contribution which each of the claimed inventions, considered as a whole,makes over the prior art.single

In the R.O.C., which of the following circumstances may any person request for an invalidation actionagainst an invention patent?I. where the home country of the patentee does not accept the patent applications filed by R.O.C. nationalsII. where the invention patentee is not the owner of the right to apply for an invention patent.III. where a right to apply for a patent is jointly owned, the patent application related thereto is not filed byall the joint owner(s).IV. where an applicant files a patent application for invention and a patent application for utility model forthe same creation on the same date, but fails to make a declarations.I only

In the R.O.C., which of the following circumstances may any person, together with document(s) of proof,file an invalidation action of the granted patent term extension to the Intellectual Property Office?I. where a right to apply for a patent is jointly owned, the patent application related thereto is not filed by allthe joint owner(s).II. where it is unnecessary to obtain the regulatory approval to exploit the invention patent concerned.III. where the granted term of extension exceeds the period during which the patent cannot be exploited.IV. where the requester of the patent term extension is not the patentee.I and II only

In accordance with the Enforcement Rules of R.O.C. Patent Act, which of the following is not correct?where the design is three

Which of the following statements about the “multiple dependent claim” is (are) correct?I. it shall refer to more than one other claim in the alternative only.II. it may be serve as a basis for any other multiple dependent claim.III. it shall be construed to incorporate by reference all the limitations of each of the particular claims inrelation to which it is being considered.I only

Which of the following statements about the “two-part form” claim is (are) correct?I. it recites all or some of the elements of a known article, process, composition, or combination in thepreamble to the claim.II. it may include a transition such as “wherein the improvement comprises” and recite in the body of theclaim only the new or modified elements, or recite the improvement.III. it may be used in the form of a dependent claim.II only

In accordance with the R.O.C. Patent Act, which of the following is not correct?the annuity for several years may be paid a

In accordance with the footnote 5 of Article 27 of Trade-Related Aspects of Intellectual Property Rights ofWorld Trade Organization, for the purposes of said Article, the terms "inventive step" and "capable of industrialapplication" may be deemed by a Member to be synonymous with the terms and respectively.creative, applicable

In accordance with the Paris Convention, which of the following is not correct?where an industrial design is filed in a country by virtue of a right of priority based on the filing of a

In accordance with the Intellectual Property Case Adjudication Rules, no superior court may, on grounds ofwrong jurisdiction, reverse the substantive adjudication of a civil or administrative court on an intellectualproperty civil or administrative action which, though not subject to thejurisdiction of theintellectual property court, shall be deemed to be so subject substantively.personal

Under the R.O.C. Patent Attorney Act, which of the following statements is true?One who has successfully passed the Patent Attorney Eligibility Examination could immediately file an

A is employed by C company as an in-house scientist to develop a new type of photovoltaic material. Withthe help of mass investments of C company, A successfully invents a new material—material X, in the labowned by X company, which drastically improved the converting rate of photovoltaics to a record highlevel. A and C company intend to apply for a patent of material X while the employment contract betweenA and C company clearly stipulated that all the inventions made in the performance of employment dutiesshall be deemed as “work for hire” as defined by the R.O.C. Patent Act and are protected in accordancetherewith. A also clearly acknowledges material X is an invention created in the performance of hisemployment duties with C company. Under the R.O.C. Patent Act, which one of the following statements isnot correct?The right to apply for a patent and the patent right of material X are vested in C company.

Under the R.O.C. Patent Act, the patent rights shall not extend to the using or reselling a patented productafter the sale of a patented product made by the patentee or under consent of the patentee. This rule is bestto be described as the doctrine? Please choose the one below that best completes the abovesentence.

Under the R.O.C. Patent Act, which one of the following statements is not correct?The assigning on a patent right by the patentee shall have no

Concerning compulsory licensing under the R.O.C. Patent Act, which one of the following statements is notcorrect?In response to national emergency, the Taiwa

Under the R.O.C. Patent Act, the patentee of an invention patent has an exclusive right to exclude others’acts of exploiting an invention without the patentee’s consent. Where such invention is a product, the acts ofexploiting a patented product do not include?The acts of making a patented product.

Which one of the following remedies is not available for patent infringement under the R.O.C. Patent Act?The damages calculated per Article 216 of the Civil Code.

“When a work is available in one field of endeavor, design incentives and other market forces can promptvariations of it, either in the same field or a different one. If a person of ordinary skill can implement apredictable variation, §103 likely bars its patentability. For the same reason, if a technique has been used toimprove one device, and a person of ordinary skill in the art would recognize that it would improve similardevices in the same way, using the technique is obvious unless its actual application is beyond his or herskill.”The paragraph above is best to describe which one of the patent requirements below?Public Morality

Which of the following is patentable for design patent under the R.O.C. Patent Act?Fine arts.

Pursuant to the Paris Convention for the Protection of Industrial Property Art. 4, any filing that is equivalentto a regular national filing under the domestic legislation of any country of the Union or under bilateral ormultilateral treaties concluded between countries of the Union shall be recognized as giving riseto ?the early authority