According to the R.O.C. Patent Act, which of the following is the competent authority referred to inthe Patent Act?
(A)The Ministry of Economic Affairs (MOEA)✓ 正解✕ 你選的
(B)The Intellectual Property Office, MOEA✕ 你選的
(C)The Executive Yuan✕ 你選的
(D)The Intellectual Property Court✕ 你選的
109 年選
第 2 題
According to the R.O.C. Patent Act, an invention patent right shall become extinguished under certaincircumstance(s). Which of the following is not included?
(A)Where the patent term has expired.✕ 你選的
(B)Where the patentee has passed away without heirs.✕ 你選的
(C)Where the patentee abandoned the patent, and the patentee makes a declaration in writing.✕ 你選的
(D)Where the recorded patentee is a dissolved company.✓ 正解✕ 你選的
109 年選
第 3 題
According to the R.O.C. Patent Act, Customs shall repeal the detention of the imported articles thatare suspected of infringing the patent right(s) in case of certain situation(s). Which of the followingis not included?
(A)Customs has not been notified by the detention requester, within twelve (12) days following thedate of Customs’ acceptance of the request, that a litigation claiming that the detained articlesinfringe the patent right(s) has been initiated in accordance with Article 96 of the Patent Act.✕ 你選的
(B)A litigation initiated by the detention requester claiming that the detained articles infringe thepatent right(s) has been dismissed by a final and binding court judgment.✕ 你選的
(C)A court of law in a final and binding judgment has held that the detained articles do not infringetrademark right(s).✓ 正解✕ 你選的
(D)The detention requester has requested the repeal of detention.✕ 你選的
109 年選
第 4 題
According to the R.O.C. Patent Act, the Specific Patent Agency may, upon request, repeal a grantedcompulsory license under certain circumstance(s). Which of the following is not included?
(A)Where the fact warranting the compulsory license has been changed and compulsory licensing isno longer necessary.✕ 你選的
(B)Where the licensee fails to properly exploit the patent as required in the compulsory license.✕ 你選的
(C)Where the licensee fails to pay the remuneration as determined by the Specific Patent Agency.✕ 你選的
(D)Where the patentee claims patent infringement against the licensee.✓ 正解✕ 你選的
109 年選
第 5 題
According to the R.O.C. Patent Act, which of the following statements regarding the right to applyfor patent is not correct?
(A)The right to apply for a patent shall mean the right to file a patent application in accordance withthe Patent Act.✕ 你選的
(B)The right to apply for a patent shall not be taken as the subject of a pledge.✕ 你選的
(C)The right to apply for a patent is not assignable and inheritable.✓ 正解✕ 你選的
(D)Where an invention, a utility model or a design is made by an employee in the course of performinghis/her duties, the right to apply for a patent thereof shall be vested in his/her employer and theemployer shall pay the employee reasonable remuneration; where there is an agreement providingotherwise, such agreement shall prevail.|70650✕ 你選的
109 年選
第 6 題
According to the R.O.C. Patent Act, which of the following statements regarding the utility modelpatent is not correct?
(A)A utility model patent means the creation made in respect of the shape, pattern, color, or anycombination thereof, of an article as a whole or in part by visual appeal.✓ 正解✕ 你選的
(B)A utility model patent shall not be granted if it is contrary to public order or morality.✕ 你選的
(C)The term of a utility model patent shall expire after a period of ten (10) years starting from thefiling date.✕ 你選的
(D)When exercising a utility model patent, the patentee shall not make a warning without presentingthe technical evaluation report of utility model patent.✕ 你選的
109 年選
第 7 題
According to the R.O.C. Patent Act, which of the following statements regarding patent infringementis not correct?
(A)A patentee of an invention patent may demand a person who infringes or is likely to infringe thepatent right to stop or prevent such infringement.✕ 你選的
(B)A non-exclusive licensee may, within the licensed scope, make demands against patentinfringement in accordance with the Patent Act.✓ 正解✕ 你選的
(C)Where the infringement is found to be intentionally committed, the court may, upon request andon the basis of the severity of the infringement, award the damages greater than the loss sufferedbut not exceeding three (3) times of the proven loss.✕ 你選的
(D)A patentee may request Customs to detain the imported articles that are suspected of infringingthe patent right(s).✕ 你選的
109 年選
第 8 題
According to the R.O.C. Patent Act, which of the following may be granted a patent?
(A)Diagnostic, therapeutic and surgical methods for the treatment of humans or animals✕ 你選的
(B)Animals, plants, and essential biological processes for the production of animals or plants✕ 你選的
(C)Fine arts✕ 你選的
(D)Processes for producing microorganisms✓ 正解✕ 你選的
109 年選
第 9 題
According to the R.O.C. Patent Act, where a fund provider appoints another party to conduct researchand development, the ownership of the right to apply for a patent and the patent right in connectionwith the outcome of such research and development shall be vested in the party as mutually agreedupon in an agreement between both parties. Without any mutual agreement, such rights will not bevested in the following?
(A)Inventor✕ 你選的
(B)Utility model creator✕ 你選的
(C)Fund provider✓ 正解✕ 你選的
(D)Designer✕ 你選的
109 年選
第 10 題
According to the Enforcement Rules of the R.O.C. Patent Act, where the Chinese translation oftechnical terminology has been made by which of the following, such official translation shallprevail?
(A)The Intellectual Property Office, MOEA✕ 你選的
(B)The Ministry of Education✕ 你選的
(C)National Taiwan Normal University✕ 你選的
(D)The National Academy for Educational Research|70650✓ 正解✕ 你選的
109 年選
第 11 題
According to the R.O.C. Patent Act, an applicant may designate an agent to file patent applications andhandle patent-related matters on his/her behalf. Which of the following is not qualified as an agent?
(A)Patent attorneys✕ 你選的
(B)Patent agents✕ 你選的
(C)Patent examiners✓ 正解✕ 你選的
(D)Lawyers✕ 你選的
109 年選
第 12 題
According to the R.O.C. Patent Act, which of the following statements regarding the patent term ofa patent is not correct?
(A)The term of a design patent shall expire after a period of fifteen (15) years from the filing date ofthe application.✕ 你選的
(B)A derivative design patent shall not expire simultaneously with the original design patent.✓ 正解✕ 你選的
(C)The term of a utility model patent shall expire after a period of ten (10) years starting from thefiling date.✕ 你選的
(D)The term of an invention patent shall expire after a period of twenty (20) years from the filing dateof the application.✕ 你選的
109 年選
第 13 題
According to the R.O.C. Patent Act, an invention which is industrially applicable may be granted apatent upon application in accordance with the Patent Act. Which of the following is not an exceptionto patentability?
(A)The invention was disclosed in a printed publication prior to the filing of the patent application.✕ 你選的
(B)The invention was publicly exploited prior to the filing of the patent application.✕ 你選的
(C)The invention was publicly known prior to the filing of the patent application.✕ 你選的
(D)The invention cannot be easily made by a person ordinarily skilled in the art based on prior art.✓ 正解✕ 你選的
109 年選
第 14 題
According to the R.O.C. Patent Act, which of the following statements regarding the design patent isnot correct?
(A)Where two or more design patent applications are filed for the same or similar design(s), only theearlier-filed application can be granted.✕ 你選的
(B)Where the filing date and the priority date of two or more design patent applications are the same,the applicants shall be notified to reach an agreement with respect to the matter concerned. If suchan agreement cannot be reached, none of the applications shall be granted.✕ 你選的
(C)For computer generated icons (Icons) and graphic user interface (GUI) applied to an article, anapplication cannot be filed pursuant to the Patent Act for obtaining a design patent.✓ 正解✕ 你選的
(D)The term of a design patent shall expire after a period of fifteen (15) years from the filing date ofthe application.✕ 你選的
109 年選
第 15 題
According to the R.O.C. Patent Act, which of the following statements regarding the invention patentis not correct?
(A)Invention means the creation of technical ideas, utilizing the laws of nature.✕ 你選的
(B)Where an applicant has first applied for a patent in a foreign country, which reciprocally allowsthe R.O.C. nationals to claim patent priority, or with any member of the World Trade Organization(WTO), the applicant may claim priority in respect of an R.O.C. patent application for the sameinvention if the R.O.C. patent application for the same invention is filed within twelve (12) monthsafter the filing date of the said first patent application.✕ 你選的
(C)After receiving application documents and determining through examination that the applicationconforms to stipulated formality requirement and contains no elements that may be deemedunsuitable for laying open, the Specific Patent Agency shall lay open the patent application forinvention eighteen (18) months since its filing.✕ 你選的
(D)A request to the Specific Patent Agency for substantive examination of a patent application forinvention may be made by any person within two (2) years after the filing date of the patentapplication. Where a request for substantive examination is not filed within the stipulated timeperiod, the patent application for invention shall be deemed to have been withdrawn.|70650✓ 正解✕ 你選的
109 年選
第 16 題
According to the Act of the Organization of Intellectual Property Office, Ministry of EconomicAffairs, the Intellectual Property Office under the Ministry of Economic Affairs is not in charge ofwhich of the following matters?
(A)Matters in connection with research, drafting and execution of policies, laws, regulations, andsystems governing patent right.✕ 你選的
(B)Matters in connection with the patent examination, re-examination, opposition, cancellation,revocation and extinguishment as well as the management of patent rights.✕ 你選的
(C)Publicity of the concept of intellectual property rights, mediation, assessment and assistance inraid action with regard to intellectual property rights infringement cases.✕ 你選的
(D)Trial of civil litigations over patent infringement.✓ 正解✕ 你選的
109 年選
第 17 題
According to the R.O.C. Patent Act, the patentee filing a request for amending the description,claim(s) or drawing(s) of a granted invention patent shall not conduct which of the following?
(A)To clarify ambiguous statement(s)✕ 你選的
(B)To increase claim(s)✓ 正解✕ 你選的
(C)To narrow down the scope of claim(s)✕ 你選的
(D)To correct errors or translation errors✕ 你選的
109 年選
第 18 題
In accordance with the Guidelines for Substantive Examination of Invention Patent, which of thefollowing written or electronic form of material is not a “printed publication” under the Patent ActArt. 22?
(A)An oral presentation at the meeting, where the audiences are invited persons and the presentationmaterial was distributed to attendees in written form with restriction to sign a nondisclosureagreement.✓ 正解✕ 你選的
(B)A doctoral thesis that was cataloged and shelved in only one university library, where there is noevidence that anyone ever actually looked at the manual.✕ 你選的
(C)A reference available only in electronic form on the internet, which states that it was publiclyposted on June 16, 2020.✕ 你選的
(D)A technical manual that was shelved and cataloged in a public library.✕ 你選的
109 年選
第 19 題
Choose the best answer with respect to the doctrine of exhaustion under the Patent Act:
(A)Only initial authorized sale of a patented item within Taiwan “exhausts” all rights of the patenteeto that item under the Patent Act.✕ 你選的
(B)The patent holder is barred from enforcing the patent rights by operation of the doctrine ofexhaustion.✓ 正解✕ 你選的
(C)The doctrine of patent exhaustion as applied in Taiwan includes only domestic exhaustion.✕ 你選的
(D)The first sale doctrine is different from the doctrine of exhaustion.✕ 你選的
109 年選
第 20 題
Choose the best description with respect to an inventor:
(A)An inventor can be a nature person, a company or a legal entity of another type.✕ 你選的
(B)A researcher only executing results testing can be deemed to be an inventor, because the testingrequires some special skill and experience.✕ 你選的
(C)All joint inventors have to make an equal contribution to an invention.✕ 你選的
(D)An inventor is a person who has made substantial contribution to the technical features of patentclaims.|70650✓ 正解✕ 你選的
109 年選
第 21 題
In accordance with the Patent Act, the patent approval decision was made on Dec. 2, 2015 and servedon applicant on Dec. 20, 2015. What is the deadline for the payment of patent certificate fee and thefirst-year patent annuity?
(A)Mar. 2, 2016✕ 你選的
(B)Mar. 20, 2016✓ 正解✕ 你選的
(C)Sep. 2, 2016✕ 你選的
(D)Sep. 20, 2016✓ 正解✕ 你選的
官方更正
答 B 或 D 均給分
依考選部更正公告調整計分；判分以更正後答案為準。
109 年選
第 22 題
In accordance with Article 37 of Intellectual Property Case Adjudication Rules, which is not a majorfactor to be considered if the court decides to grant a preliminary injunction?
(A)Whether there is a likelihood of success on the merits of the case.✕ 你選的
(B)Whether there will be irreparable harm to the petitioner.✕ 你選的
(C)The impact on public interest.✕ 你選的
(D)Whether the plaintiff posts a bond to cover the defendant’s damage.✓ 正解✕ 你選的
109 年選
第 23 題
In accordance with Articles 62 and 63 of the Patent Act, which is the correct statement with respectto exclusive and non-exclusive license?
(A)The exclusive licensee cannot exclude the patentee from exploiting the patented invention withinthe scope of the license.✕ 你選的
(B)An exclusive licensee can sue infringers in its own name within the scope of the license.✓ 正解✕ 你選的
(C)Registration of the license with the Taiwan Intellectual Property Office is a requirement forexclusive licensee to bring an infringing suit.✕ 你選的
(D)A nonexclusive license grants a right to licensee to sublicense third parties.✕ 你選的
109 年選
第 24 題
The right would be conferred on a patentee of a new pharmaceutical product patent as in the followingsituations:
(A)An exclusive right to prevent others from exploiting the invention.✓ 正解✕ 你選的
(B)An exclusive right to exploit the invention by himself or herself.✕ 你選的
(C)The right to market new pharmaceutical product.✕ 你選的
(D)The right to sell a product to a third party.✕ 你選的
109 年選
第 25 題
If a patent attorney deceives her client when she handles a patent case, which of the followingdisciplinary actions is not permitted upon her.
(A)An expulsion.✕ 你選的
(B)A reprimand.✕ 你選的
(C)Suspension of the right to practice for a period of three years.✓ 正解✕ 你選的
(D)Suspension of the right to practice for a period of one year.✕ 你選的
