專利師 108 年專業英文考古題

According to the TRIPs Agreement, which of the following statements is correct? (A)Members of the WTO are obligated to exclude from patentability diagnostic, therapeutic andsurgical methods for the treatment of humans or animals. (B)With regard to conditions on patent applicants, Members of the WTO must require an applicantfor a patent to provide information concerning the applicant’s corresponding foreignapplications and grants. (C)In patent infringement civil proceedings, if the subject matter of a patent is a process forobtaining a product, the judicial authorities of Members of the WTO shall have the authority toorder the defendant to prove that the process to obtain an identical product is different from thepatented process. (D)Members of the WTO may exclude from patentability inventions, the prevention within theirterritory of the commercial exploitation of which is necessary to protect ordre public ormorality, as long as the exploitation is prohibited by their law.

Which of the following descriptions regarding the priority claim under the R.O.C. Patent Act isincorrect? (A)Where an applicant has first applied for a patent in a foreign country that is a member of theWorld Trade Organization (hereinafter the “WTO”), the applicant may claim priority in respectof an R.O.C. patent application for the same invention if the R.O.C. patent application for thesame invention is filed within twelve months after the filing date of the said first patentapplication. (B)For a patent application filed with priority, examination on its patentability shall be based on theactual filing date of this patent application, not on the priority date. (C)Where an applicant claims two or more priorities in respect of a patent application, the twelvemonths period referred to in Article 28, para. 1 of the R.O.C. Patent Act shall be on the basis ofthe earliest priority date. (D)If a foreign applicant is a citizen of a non-member of the WTO and whose home country doesnot mutually recognize priority with the R.O.C., but the applicant has domicile or businessestablishment in any member of the WTO or in the territory of a reciprocal country, theapplicant shall also be entitled to claim priority.

Which of the following statements with regard to patent licensing under the R.O.C. Patent Act iscorrect? (A)An exclusive license for a patent is not valid until it is recorded with the Specific PatentAgency. (B)An exclusive licensee of a patent has the right to grant sub-license to a third party to exploit thelicensed patent unless otherwise agreed by the parties. (C)An exclusive licensee does not have the right to exclude the patentee from exploiting thepatented invention. (D)The sub-licensing contract granted by a non-exclusive licensee is not valid until it is recordedwith the Specific Patent Agency.|70650

Which of the following statements regarding the right to apply for a patent is correct? (A)Unlike patent right itself, the right to apply for a patent is not inheritable. (B)If there is no agreement providing otherwise, where an invention is made by an employee in thecourse of performing his/her duties, the right to apply for a patent thereof shall be vested in theemployee. (C)Where a right to apply for a patent is jointly owned, the patent application related thereto couldbe filed by each joint owner individually. (D)Where the right to apply for a patent is jointly owned, the right to apply for the patent shall notbe assigned or abandoned without the consent of all joint owners.

According to Article 34 of the Agreement on Trade-Related Aspects of Intellectual PropertyRights, which of the following statements about “proof burden of process patents” is incorrect? (A)For the purposes of civil proceedings with respect to the infringement of the rights of the owner,if the subject matter of a patent is a process for obtaining a product, the judicial authorities shallhave the authority to order the plaintiff to prove that the process to obtain an identical productis different from the patented process. (B)Any identical product when produced without the consent of the patent owner shall, in theabsence of proof to the contrary, be deemed to have been obtained by the patented process ifthe product so obtained is new. (C)Any identical product when produced without the consent of the patent owner shall, in theabsence of proof to the contrary, be deemed to have been obtained by the patented process ifthere is a substantial likelihood that the identical product was made by the process and theowner of the patent has been unable through reasonable efforts to determine the processactually used. (D)In the adduction of proof to the contrary, the legitimate interests of defendants in protectingtheir manufacturing and business secrets shall be considered.

According to Article 3 of the Patent Cooperation Treaty, which of the following statements about“the international application” is incorrect? (A)An international application shall contain a request, a description, one or more claims, one ormore drawings, and an abstract. (B)The abstract serves the purpose of interpreting the scope of the protection sought. (C)The international application shall be in a prescribed language. (D)The international application shall comply with the prescribed requirement of unity of invention.|70650

Which of the following is not one of the inventive step inquiries? (A)The scope of the prior art. (B)The level of ordinary skill in the pertinent art. (C)Differences between the prior art and the allegedly infringing product at issue. (D)The content of the prior art.

According to Article 37 of the R.O.C. Patent Act, which of the following statements about “earlypublication of patent application” is correct? (A)After receiving application documents and determining through examination that they conformto the stipulated formality requirements and contain no elements that may be deemed unsuitablefor laying open, the Specific Patent Agency shall lay open the patent application for invention,twelve (12) months after its application. (B)The Specific Patent Agency may delay the laying-open of a patent application upon the requestof the applicant. (C)If a patent application for invention is withdrawn within fifteen (15) months after its filing date,it shall not be laid open. (D)If a patent application for invention involves national defense secrets or any other secretspertaining to national security, it shall be laid open.

Which of the following is not among the grounds for granting compulsory licenses under Article87 of the R.O.C. Patent Act? (A)National emergency or other circumstances of extreme urgency. (B)Where a later invention patent cannot be exploited without infringing upon a prior inventionpatent, and where the later invention patent involves an important technical advancement ofconsiderable economic significance in relation to the prior invention patent. (C)Where a patented invention is to be exploited non-commercially for the enhancement of publicinterest. (D)Where a patentee has committed acts restricting competition or has committed unfaircompetition acts, to be determined by the Specific Patent Agency.

Which of the following statements regarding patent remedies is correct? (A)A patentee of an invention patent may demand a person who infringes to stop only when it isproven that the infringement occurs due to intentional act or negligence. (B)A non-exclusive licensee may claim for damages in case an infringement of invention patentoccurs due to intentional act or negligence. (C)The patentee can freely choose any one of the three available methods of calculation of damagesunder Article 97, para. 1 of the R.O.C. Patent Act. (D)The damages, if calculated based on the profit earned by the infringer as a result of patentinfringement under Article 97, para. 1, sub-para. 2 of the R.O.C. Patent Act, the right to claimdamages shall become extinguished if not exercised within fifteen (15) years after the patenteehas become aware of the damages and the person liable for damages.|70650

may be a defense to patent infringement when an accused infringer proves that a patenteeunreasonably and inexcusably delayed filing an infringement suit to the material prejudice of theaccused infringer. (A)Patent misuse (B)Illegal conduct (C)Invalidity of the patent (D)Laches

According to Article 17 of the R.O.C. Patent Act, which of the following statements about “delayand reinstatement” is correct? (A)Where a person filing a patent application or undergoing other proceedings in connection withpatent-related matters has failed to comply within a statutory or specified time period, theapplication filed or the proceeding initiated shall be accepted. (B)If the delay of not acting within a specified time period has been remedied before the dismissaldecision is served by the Specific Patent Agency, such an application or proceeding shall bedenied. (C)If the delay of a statutory time period is caused by natural calamities or other causes notattributable to the applicant, the applicant may, within thirty (30) days after cessation of suchcause, file a written request with the Specific Patent Agency stating the causes for delay andrequesting reinstatement. (D)An application for reinstatement shall be accepted if the delay has exceeded one (1) year afterthe expiration of the statutory time period.

According to Article 108 of the R.O.C. Patent Act, which of the following statements about“conversion of application for utility model” is correct? (A)When a patent application originally filed for invention is converted into a patent application forutility model, the filing date of the original patent application shall be deemed to be the filingdate of the converted patent application. (B)A request for patent conversion shall be made after a written decision allowing the originalpatent application is served. (C)A request for patent conversion shall not be made if six (6) months have passed after the date onwhich a written decision rejecting the original patent application for invention or design isserved. (D)A converted patent application shall extend beyond the scope of content disclosed in thedescription, claims, or drawings of the original patent application as filed.|70650

According to Article 30 of the Agreement on Trade-Related Aspects of Intellectual PropertyRights, which of the following statements about “exceptions to rights conferred” is incorrect? (A)Members may provide broad exceptions to the exclusive rights conferred by a patent. (B)Exceptions to patent rights shall not unreasonably conflict with a normal exploitation of thepatent. (C)Exceptions to patent rights shall not unreasonably prejudice the legitimate interests of the patentowner. (D)Exceptions to patent rights shall take account of the legitimate interests of third parties.

According to Article 31 of the Agreement on Trade-Related Aspects of Intellectual PropertyRights, which of the following statements about “other use without authorization of the rightholder” is incorrect? (A)If other use without authorization of the right holder’s individual merits is considered, the lawof a WTO member shall allow for other use of the subject matter of a patent without theauthorization of the right holder. (B)In the case of a national emergency, other circumstances of extreme urgency, or publicnoncommercial use, the requirement that “prior to use without authorization of the right holder,the proposed user has made efforts to obtain authorization from the right holder on reasonablecommercial terms and conditions and that such efforts have not been successful within areasonable period of time” may be waived by the law of a WTO member. (C)In situations of national emergency or other circumstances of extreme urgency, the proposeduser shall not notify the right holder. (D)In the case of public noncommercial use, where the government, without making a patentsearch, knows that a valid patent is or will be used by or for the government, the right holdershall be informed promptly.

According to Articles 4bis and 4ter of the Paris Convention for the Protection of IndustrialProperty, which of the following statements is incorrect? (A)Patents applied for in the various countries of the Union by nationals of countries of the Unionshall be independent of patents obtained for the same invention in other countries, whethermembers of the Union or not. (B)Patents applied for during the period of priority are independent, both as regards the grounds fornullity and forfeiture, and as regards their normal duration. (C)Patents obtained with the benefit of priority shall, in the various countries of the Union, have aduration equal to that which they would have had they been applied for or granted without thebenefit of priority. (D)The inventor has no right to be mentioned as such in the patent.|70650

In the U.S. Supreme Court case, Impression Products, Inc. v. Lexmark Int’l, Inc., the Court heldthat, “We conclude that a patentee’s decision to sell a product exhausts all of its patent rights inthat item, regardless of any restrictions the patentee purports to impose or the location of the sale.”According to this case holding, which of the following types of exhaustion doctrines is emphasizedin this case and the U.S. Patent Act? (A)National exhaustion (B)International exhaustion (C)Regional exhaustion (D)Doctrine of equivalents

A claim withelement shall be construed to cover the corresponding structure, material, oracts described in the specification and equivalents thereof. (A)means-plus-function (B)inventive concept (C)limitation (D)essential

According to Article 8 of the R.O.C. Patent Act, which of the following statements about an“invention irrelevant to the performance of duties” is correct? (A)When an invention made by an employee has no connection to the course of performing his/herduties, the right to apply for a patent and the patent right of such an invention shall be vested inthe party as mutually agreed upon in an agreement between both parties. (B)If an employee’s invention is made through the utilization of the employer’s resources orexperiences, the employer may, after paying the employee a reasonable remuneration, exploitthe invention concerned in the enterprise. (C)After the completion of an invention that has no connection to the course of an employee’sperforming his/her duties, the employee shall give the employer an oral notice regarding suchan event. If necessary, the employee shall also inform the employer of the creative process. (D)If the employer fails to raise any objection to the employee within twelve (12) months afterreceiving the employee’s oral notice, the employer could still claim that such an invention wasmade by the said employee in the course of performing his/her duties.

According to Article 14 of the R.O.C. Patent Act, which of the following statements about “aninheritance or assignment of the right to apply for a patent” is correct? (A)In the case of an inheritance of the right to apply for a patent, the successor shall have locusstandi against any third party even if the patent application was not filed in the name of thesuccessor at the time of filing. (B)In the case of an assignment of the right to apply for a patent, the assignee shall have locusstandi against any third party even though no request has been filed thereafter with the SpecificPatent Agency to alter the recordation of the applicant. (C)In the case of an assignment of the right to apply for a patent, the assignee shall have locusstandi against any third party even if the patent application was not filed in the name of theassignee at the time of filing. (D)Whether for assignment or inheritance, a request that has been filed thereafter with the SpecificPatent Agency to alter the recordation of the applicant shall be accompanied by documents ofproof.|70650

Article 22, para. 2 of the R.O.C. Patent Act provides: “An invention that is without thecircumstances prescribed in the subparagraphs of the preceding paragraph but can be easily madeby a person ordinarily skilled in the art based on prior art shall not be patented.” Whichrequirement for patent is contained in this provision? (A)Inventive step (B)Novelty (C)Enablement (D)Patentable subject matter

Which of the following statements regarding patent exhaustion is correct? (A)After the sale of a patented product made under consent of the patentee, the patent rightsconcerning sale and use to that product are exhausted. (B)The R.O.C. Patent Act does not provide any specific rules regarding patent exhaustion doctrine. (C)The buyer of the patented product must have purchased the product in the territory of R.O.C. inorder for the patent rights to that product to be exhausted. (D)The patent exhaustion is limited to act of using the product only. It does not extend to the act ofreselling the product.

For computer generated icons (Icons) and graphic user interface (GUI) applied to an article, anapplication may also be filed pursuant to the R.O.C. Patent Act for obtaining a(n). (A)design patent (B)invention patent (C)utility model patent (D)plant variety right

Article 22, para. 1 of the R.O.C. Patent Act provides: “An invention which is industriallyapplicable may be granted a patent upon application in accordance with this Act . . . .” The term“industrially applicable” refers to which of the following patent requirement? (A)Novelty (B)Inventive step (C)Enablement (D)Utility

An invention must be new to be patentable. If the invention is disclosed in the prior art, aninvention is not new, that is, it is. (A)obvious (B)PHOSITA (C)anticipated (D)sufficiently disclosed