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. (A)reasonable royalty (B)infringer’s profit (C)lost profit (D)compulsory licensing|70650

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. (A)the dictionary (B)the specification (C)the learned treatise (D)the inventor testimony

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. (A)novelty (B)utility (C)inventive step (D)enablement

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? (A)claim construction (B)damages calculation (C)determination of inventive step (D)determination of enablement

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)X and Y are the joint inventors on the aforesaid invention. (B)The novel requirement of X’s patent application may be satisfied since the filing is within thegrace period under Article 22 of Taiwan Patent Act. (C)The novel requirement of X’s patent application may be satisfied since X may enjoy the interestof priority to deem the filing date as May 5, 2018. (D)The novel requirement of X’s patent application may be failed since W has filed and publishedthe patent application, based upon the same invention, respectively, on June 5 and 20, 2018.|70650

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 . (A)enablement (B)inventive step (C)novelty (D)indefiniteness

Which of the following is qualified as subject matter of a patent in accordance to Taiwan PatentAct? (A)The microbiological process. (B)The method for treatment of the animal body by surgery practiced on the animal body. (C)The simple discovery of the sequence or partial sequence of a gene about the human. (D)The business method.

In regard to the grant of the exclusive licensing about the patent, which of the following statementsis true? (A)Under the exclusive licensing, within the licensed field of use, the licensor is entitled to practicethe claims without a need to seek permission from the licensee. (B)The licensee under the exclusive licensing has no standing under patent law to take an actionagainst the infringer, provided that the infringement occurred relates to the licensed field of use. (C)The registration with Taiwan Intellectual Property Office is necessary under patent law tovalidate the exclusive licensing. (D)Unless otherwise stipulated by the agreement, the licensee under the exclusive licensing isentitled to sublicense its original licensed scope to the third party without the consent of thelicensor according to patent law.

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”? (A)The principle of national treatment (B)The principle of minimum standards (C)The principle of the most-favoured-national treatment (D)The principle of technological “non-discrimination”|70650

Like other jurisdictions, the post-grant amendment of invention patent is admitted by TaiwanPatent Act. Which of the following statements is true? (A)The litigation of the patent concerned about infringement won’t influence the request to amendsuch patent by the patentee in front of Taiwan Intellectual Property Office. (B)The post-grant amendment may be done in such a way to enlarge the scope of the claims of theoriginal patent within two years from the grant of the original patent. (C)The post-grant amendment of a patent shall take effect upon the date of approval of theamendment request. (D)The new matters may be introduced to the request of the post-grant amendment of a patent.

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? (A)The aforesaid fact might be regarded evidence supporting the inventive step of the claimconcerned. (B)The aforesaid fact might be regarded evidence opposing the inventive step of the claimconcerned. (C)The aforesaid fact might be regarded evidence supporting the novelty of the claim concerned. (D)The aforesaid fact might be regarded evidence supporting the enablement of the claimconcerned.

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? (A)The marking about the patent certificate number has nothing to do with the remedy. (B)The patentee is not entitled to any remedy on the ground that the patent without marking isinvalid. (C)The patentee is not entitled to any remedy on the ground that the patent without marking nevershows any public notice to the third parties. (D)To seek damages, the patentee should prove that the infringer knows or has a reason to knowthe infringed product protected by the patent.|70650

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? (A)Y is not entitled to request the compulsory licensing on Patent M since the bird flu is not thedisease defined in Article 90 of Taiwan Patent Act. (B)Y is not entitled to request the compulsory licensing on Patent M since the provisions of thecompulsory licensing are designed to mainly facilitate the demand in the domestic market. (C)Y is entitled to request the compulsory licensing on Patent M, provided that X could prove thatit has insufficient or no manufacturing capacities in the pharmaceutical. (D)Y is not entitled to request the compulsory licensing on Patent M unless Y has made efforts toobtain authorization from the patentee concerned on reasonable commercial terms andconditions and such efforts have not been successful within a reasonable period of time.

Under which of the following occasions, the final notice of patent examination is in accord withTaiwan Patent Act? (A)The final note may be issued at any stage of patent examination. (B)The final note may be issued when the amendment made during the reexamination stage stillentails grounds for unpatentability. (C)The final note may not be issued as soon as the applicant requests the reexamination accordingto Article 49 of Taiwan Patent Act. (D)The final note may not be issued as soon as the applicant requests the divisional applicationaccording to Article 34 of Taiwan 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? (A)An application of utility model patent should be published by Taiwan Intellectual PropertyOffice no latter than 18 months from the filing date. (B)After finding potential infringing activities, the patentee of the utility model patent is entitled tosend the cease and desist letter to the suspected specific party, even though the patentee has notrequested a technical evaluation report on the patent concerned. (C)The provisions on compulsory licensing are not applied mutatis mutandis to the utility modelpatents. (D)Subject to the filing date of the original application, an application of utility model patent maybe converted to an application of invention patent.|70650

Which of the following statements is incorrect? (A)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 orderof their recordation. (B)Where a patent right is jointly owned, all joint owners must consent in order to abandon thepatent right. (C)Where a patent right is jointly owned, a joint owner may abandon his share only with theconsent of all other joint owners. (D)Where a patent right has been pledged, the patentee may abandon the patent right only with theconsent of the pledgee.

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? (A)Enablement (B)Inventive step (C)Novelty (D)Nonobviousness

Which of the following is most likely to be granted an invention patent? (A)A mathematical algorism (B)A law of nature itself (C)The rules to play a game (D)A mechanism used to register the score of a game

According to Taiwan Patent Law, there are several circumstances under which Taiwan IntellectualProperty Office may grant compulsory licensing of a patent. These grounds include: (A)where a patented invention is to be exploited non-commercially for the enhancement of publicinterest; (B)where a later invention or utility model patent cannot be exploited without infringing upon aprior invention or utility model patent, and where the later invention or utility model patentinvolves an important technical advancement of considerable economic significance in relationto the prior invention or utility model patent; or (C)where a patentee has committed acts restricting competition or has committed unfaircompetition acts, for which a judgment has been made by a court of law or a decision has beenrendered by the Fair Trade Commission of the Executive Yuan.On what grounds shall a request for compulsory licensing of a patent involving semiconductortechnology be based? (A) (A)or(B)only (B) (B)or(C)only (A) (C)or(C)only (A) (D),(B)or(C)|70650

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 . (A)someone who is successful (B)someone who is a predecessor (C)a successful innovator (D)someone who succeeds to the rights of a former owner

According to the TRIPs, which of the following statements is incorrect? (A)Members may exclude inventions from patentability in order to protect order public or morality. (B)Members may exclude inventions from patentability whenever the exploitation is prohibited bytheir law. (C)Members may exclude inventions from patentability in order to avoid serious prejudice to theenvironment. (D)Members may exclude inventions from patentability in order to protect human, animal, plantlife or health.

Which of the following remedies is often said to be constructed on the basis of a hypotheticalnegotiation? (A)permanent injunction (B)temporary restraining order (C)reasonable royalties (D)accounting of profits

Which description of patent rights is incorrect? (A)The patentee has the right to make, use, or sell the invention. (B)The patentee has the right to refrain from making, using, or selling the invention. (C)The patentee is obliged to exploit the invention. (D)At the expiration of the term of protection, the invention is automatically dedicated to thepublic.

Which of the following is not a limitation on the application of the doctrine of equivalent? (A)file wrapper estoppel (B)dedication to the public rule (the disclosure-dedication rule) (C)prosecution history estoppel (D)the long-felt-but-unfulfilled-need doctrine

Which of the following is not a step for determining nonobviousness? (A)a survey of the scope and content of the prior art (B)identifying a specific utility (C)an examination of the differences between the invention and the prior art (D)a determination of the level of ordinary skill in the art