專利師 107 年專業英文考古題

Damages by the theory of may be measured as the difference between the patentee’specuniary condition after the infringement, and what its condition would have been if theinfringement had not occurred.

As the inventor’s lexicography, sometimes may reveal a special definition given to a claimterm by the patentee that differs from the meaning it would otherwise possess.

Under the identical invention, there are two patent applications filed by the different inventors atdifferent time. Lack of may be assumed about the later patent application, provided thatthe earlier patent application was published after the filing date of the later patent application.

The person with ordinary skill in the art (PHOSITA) is a legal fiction in patent law, who ispresumed to be a skilled practitioner in the relevant field of technology and to have had access toeverything in the prior art. Which of the following is not within the functions of PHOSITAaffirmed by patent law?

X conceived an invention about the improvement of air duct of a hair dryer. Y didn’t contribute tothe aforesaid conception but served as an assistant for X’s administrative affairs. On May 5, 2018,without X’s consent, Y sold the aforesaid conception on the hair dryer to Z for manufacture andmarketing of the hair dryers embedded with the aforesaid conception. The aforesaid hair dryersmade by Z were put on the market on May 20, 2018. On July 5, 2018, X filed a patent applicationfor the aforesaid conception with Taiwan Intellectual Property Office (TIPO). Unexpectedly, itwas found that W actually has filed another patent application in accordance with the identicalconception that came from W’s independent invention, on June 5, 2018, and requested thepublication on June 20, 2018. If you were an examiner employed by TIPO, which of the followingstatements is in accord with Taiwan Patent Act?

A Means-Plus-Function claim indicates a limitation in a claim for a combination may be expressedas a means for performing a specified function without the recital of structure, material, or acts insupport thereof, and such claim shall be construed to cover the corresponding structure, material,or acts described in the specification and equivalents thereof. If there is no corresponding structuredisclosed in the specification, the limitation should be deemed as failure of requirement of .

Which of the following is qualified as subject matter of a patent in accordance to Taiwan PatentAct?

In regard to the grant of the exclusive licensing about the patent, which of the following statementsis true?

More extensive protection on patent rights than what the TRIPs Agreement has provided is oftenfound in many bilateral or multilateral intellectual property treaties under the WTO system. Thephenomena is called as “TRIPs Plus”. What principle admitted by the TRIPs Agreement is theauthority to support and justify “TRIPs Plus”?

Like other jurisdictions, the post-grant amendment of invention patent is admitted by TaiwanPatent Act. Which of the following statements is true?

On determining the requirement of the inventive step, an examiner found that a reference, as priorart, would lead a person with ordinary skill in the art (PHOSITA) in a direction divergent from thepath that was taken in the claim concerned under the patent application. Based upon the aforesaidfact, which of the following is true?

If no marking about the patent certificate number is fixed on the patent product, which of thefollowing legal effects is provided by Taiwan Patent Act when the patent without marking isinfringed upon?

X is among the least developed countries recognized by the United Nations. Since the bird flu hasbeen spreading over the country over six months and the toll of death is astonishinglyincreasing. In order to import sufficient and affordable medicine to assuage the damage of thepandemic, X plans to negotiate with Taiwanese pharmacy company Y, and asks Y to apply for thecompulsory licensing on Patent M registered in Taiwan that embodies the medicine B for treatingthe aforesaid bird flu. According to the Taiwan Patent Act, which of the following statements isappropriate?

Under which of the following occasions, the final notice of patent examination is in accord withTaiwan Patent Act?

According to Taiwan Patent Act, on the aspects of patent prosecution or patent assertion, the utilitymodel patent may be distinguished from the invention patent. Which of the following statements istrue?

Which of the following statements is incorrect?

Article 26, para. 1 of Taiwan Patent Law provides, “The description shall fully disclose theinvention in a manner clear and sufficient for it to be understood and carried out by a personordinary skilled in the art.” Which requirement is contained in this provision?

Which of the following is most likely to be granted an invention patent?

According to Taiwan Patent Law, there are several circumstances under which Taiwan IntellectualProperty Office may grant compulsory licensing of a patent. These grounds include:

According to Taiwan Patent Law, the term “the owner of the right to apply for a patent” shallmean an inventor, a utility model creator, a designer, or the assignee or successor thereof. Here theterm “successor” means .

According to the TRIPs, which of the following statements is incorrect?

Which of the following remedies is often said to be constructed on the basis of a hypotheticalnegotiation?

Which description of patent rights is incorrect?

Which of the following is not a limitation on the application of the doctrine of equivalent?

Which of the following is not a step for determining nonobviousness?