Under the R.O.C. Patent Act, which one of the following statements is not correct?
(A)An invention patent with respect to licensing, compulsory licensing, as well as other matters thatshould be published shall be published in the Patent Gazette.✕ 你選的
(B)The decision on a request for compulsory license shall be made in writing and shall indicate thereasons, scope, duration, and the required remuneration.✕ 你選的
(C)Exploitation of a compulsory license shall be predominantly for the supply of importing countrymarket.✓ 正解✕ 你選的
(D)Granting of compulsory licensing shall not affect the exercise of patent right by the patenteeconcerned.✕ 你選的
110 年選
第 2 題
may be used to define a contribution which each of the claimed inventions, considered as awhole, makes over the prior art.
(A)Special technical feature✓ 正解✕ 你選的
(B)Inventive steps✕ 你選的
(C)Single general inventive concept✕ 你選的
(D)Multiple dependent claim✕ 你選的
110 年選
第 3 題
A(n)licensee may sub-license a third party to exploit the licensed patent unless stipulatedotherwise in the contract.Choose the one that best completes the above sentence.
(A)sole✕ 你選的
(B)exclusive✓ 正解✕ 你選的
(C)statutory✕ 你選的
(D)non-exclusive✕ 你選的
110 年選
第 4 題
According to the R.O.C. Patent Act, which of the following statements about patent applications isincorrect?
(A)A patent application for invention shall relate to one invention. Two or more inventions so linkedas to form a single general inventive concept may be filed in one application.✕ 你選的
(B)The term of a utility model patent will not expire until the end of ten years after the patentapplication was made.✕ 你選的
(C)Any person within three year after the filing date of a patent application for invention may makea request with the Intellectual Property Office for substantive examination of the patentapplication.✕ 你選的
(D)The Intellectual Property Office may not advance the laying-open of a patent application at therequest of the applicant.✓ 正解✕ 你選的
110 年選
第 5 題
Which of the following is included within the purpose of enacting the R.O.C. Patent Act?I. To protect the creation of inventions, utility models and designs.II. To balance different interests for the common good of society.III. To encourage the creation of inventions, utility models and designs.
(A)I and II only✕ 你選的
(B)I and III only✓ 正解✕ 你選的
(C)II and III only✕ 你選的
(D)I only|70650✕ 你選的
110 年選
第 6 題
The purpose of Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) maynot be.
(A)to reduce distortions and impediments to international trade✕ 你選的
(B)to promote effective and adequate protection of intellectual property rights✕ 你選的
(C)to ensure that intellectual property rights not become barriers to legitimate trade✕ 你選的
(D)to reduce affect of Most-Favoured-Nation Treatment✓ 正解✕ 你選的
110 年選
第 7 題
Which of the following statements about the “two-part form” claim is correct?
(A)It may be used in the form of a dependent claim.✕ 你選的
(B)It recites all or some of the elements of a known article, process, composition, or combination inthe preamble to the claim.✓ 正解✕ 你選的
(C)It shall refer to more than one other claim in the alternative only.✕ 你選的
(D)It shall be construed to incorporate by reference all the limitations of each of the particular claimsin relation to which it is being considered.✕ 你選的
110 年選
第 8 題
For patent application, what does the term “estoppel” mean?
(A)Exemption✕ 你選的
(B)Application✕ 你選的
(C)Preclusion✓ 正解✕ 你選的
(D)Jurisdiction✕ 你選的
110 年選
第 9 題
According to the TRIPS Agreement, Members may provide limited exceptions to the exclusive rightsconferred by a patent, provided that such exceptions do not unreasonably conflict with a normalexploitation of the patent and do not unreasonably prejudice the legitimate interests of the patentowner.In the above paragraph, the word “prejudice” means:
(A)utilize✕ 你選的
(B)infringe✓ 正解✕ 你選的
(C)reduce✕ 你選的
(D)present✕ 你選的
110 年選
第 10 題
On the utility model patent, which of the following statements is true?
(A)An applicant filing a patent application for invention and a patent application for utility modelunder the same invention on the same date shall make respective declarations in respect of the saidapplications.✓ 正解✕ 你選的
(B)A utility model patent may not be granted if it is contrary to public order or morality.✕ 你選的
(C)The term of a utility model patent will not expire until the end of twelve years after the patentapplication was made.✕ 你選的
(D)The utility model patent may be claimed on a specific technical process.✕ 你選的
110 年選
第 11 題
On the design patent, which of the following statements is not true?
(A)The term of a design patent shall expire after a period of fifteen years from the filing date of theapplication.✕ 你選的
(B)A patent application for design shall indicate the article to which the design is applied.✕ 你選的
(C)A design patentee shall abandon his/her design patent right without consent from the licensee orpledgee.✓ 正解✕ 你選的
(D)The extent of the protection conferred by a design patent shall be determined by the drawing.|70650✕ 你選的
110 年選
第 12 題
Under Article 97 of the R.O.C. Patent Act, the court of the R.O.C. may not calculate damages ofpatent infringement with.
(A)the method as set forth in Article 216 of the Civil Code✕ 你選的
(B)awarding the damages greater than the loss suffered but not exceeding five times of the provenloss✓ 正解✕ 你選的
(C)the profit earned by the infringer as a result of patent infringement✕ 你選的
(D)the amount calculated on the basis of reasonable royalties that may be collected from exploitingthe invention patent being licensed✕ 你選的
110 年選
第 13 題
According to the R.O.C. Patent Act, which of the following statements about depositing biologicalmaterials of filing patent applications for invention involving biological materials or utilization ofbiological materials is correct?
(A)When filing patent applications for inventions concerning biological materials or utilization ofbiological materials, the applicants shall, no later than the filing date, make deposits of thebiological materials with domestic depositories designated by the Taiwan Intellectual PropertyOffice.✓ 正解✕ 你選的
(B)Applicants should, within six months after the filing dates of patent applications, submit to theTaiwan Intellectual Property Office certificates of deposit, indicating the depositories, dates ofdeposit and deposit numbers.✕ 你選的
(C)If the required documents are not submitted within the specified time period, the deposits shouldalso be deemed to have been made.✕ 你選的
(D)No deposits are required even if the biological materials involved cannot be easily obtained bypeople ordinarily skilled in the art.✕ 你選的
110 年選
第 14 題
If the accused device or process does not fall within the literal construction of the claim, there maystill be infringement under the.Choose the one that best completes the above sentence.
(A)doctrine of estoppel✕ 你選的
(B)doctrine of limitations✕ 你選的
(C)doctrine of equivalents✓ 正解✕ 你選的
(D)first-to-file principle✕ 你選的
110 年選
第 15 題
According to the R.O.C Pharmaceutical Affairs Act, if the holder of a new drug permit deems itnecessary to submit the patent information regarding such drug, such holder shall submit relevantdocuments and information to the Central Competent Health Authority within 45 days after the nextday to the receipt of the drug permit. Which of the following is not a drug patent shall be filed?
(A)Substance✕ 你選的
(B)Formulation✕ 你選的
(C)Composition✕ 你選的
(D)Intermediates✓ 正解✕ 你選的
110 年選
第 16 題
According to the R.O.C. Patent Act, for purposes of assisting countries with insufficient or nomanufacturing capacities in pharmaceutical sector to obtain pharmaceutical product(s) needed, theSpecific Patent Agency may, upon request, grant a compulsory license to the requestor to exploit apatent concerned for the purpose of producing and importing pharmaceutical product(s) to thesecountries. Which of the following is not a qualified disease for applying compulsory licenses to thetreatment?
(A)HIV/AIDS✕ 你選的
(B)Tuberculosis✕ 你選的
(C)Diabetes✓ 正解✕ 你選的
(D)Malaria|70650✕ 你選的
110 年選
第 17 題
According to the R.O.C. Patent Act, which of the following circumstances shall the effects of aninvention patent right extend to?
(A)Acts are exhibited at a non-commercial conference.✓ 正解✕ 你選的
(B)Necessary acts are made to exploit the invention for research.✕ 你選的
(C)Acts are done by a person who has been exploiting the invention or making all the necessarypreparations for doing such act in this country before the filing date of the invention. However,the person has learned of the invention from the patent applicant for more than twelve months andthe patent applicant has made a statement reserving his right to a patent being granted.✕ 你選的
(D)After the sale of a patented product made by the patentee or made under consent of the patenteeoverseas, a consumer uses or resells such product domestically.✕ 你選的
110 年選
第 18 題
According to the R.O.C. Patent Act, which of the following is a possible reason for obtaining patentterm extension?
(A)The issue of a patent is delayed by certain failures of the Specific Patent Agency to take timelyaction during the patent application’s pendency.✕ 你選的
(B)Exploitation of the invention patent involving an agrichemical needs regulatory approval inaccordance with other laws and regulations.✓ 正解✕ 你選的
(C)Invention patentee has suffered loss as a result of civil commotion in the R.O.C.✕ 你選的
(D)Exploitation of the invention patent involving a medical device needs premarket regulatory review.✕ 你選的
110 年選
第 19 題
According to the R.O.C. Patent Act, which of the following is not an acceptable amendment after theSpecific Patent Agency issues a final notice during the examination of a patent application?
(A)To delete a claim✕ 你選的
(B)To narrow down the scope of a claim✕ 你選的
(C)To correct an error on description in English which was submitted pursuant to Paragraph 3 ofArticle 25 of the R.O.C. Patent Act✓ 正解✕ 你選的
(D)To clarify an ambiguous statement✕ 你選的
110 年選
第 20 題
Which type of patent protection is not provided in the R.O.C. Patent Act?
(A)Industrial design✕ 你選的
(B)Plant variety✓ 正解✕ 你選的
(C)Microorganism✕ 你選的
(D)Biological processes for producing microorganism✕ 你選的
110 年選
第 21 題
According to the R.O.C. Patent Act, where an invention is made by an employee in the courseof performing his duties, the right to apply for a patent and the patent right thereof shall be vestedin(1); where there is an agreement providing otherwise, such agreement shall prevail. Also,where a fund provider appoints another party to conduct research and development, the ownership ofthe right to apply for a patent and the patent right in connection with the outcome of such researchand development shall be vested in the party as mutually agreed upon in an agreement between bothparties, or such rights shall be vested in(2)in the absence of such agreement.
(A)(1) the employee (2) the inventor✕ 你選的
(B)(1) the employer (2) the fund provider✕ 你選的
(C)(1) the employer (2) the inventor✓ 正解✕ 你選的
(D)(1) the employee (2) the fund provider|70650✕ 你選的
110 年選
第 22 題
According to the R.O.C. Patent Act, which of the following statements of joint ownership isincorrect?
(A)Where a right to apply for a patent is jointly owned, the patent application related thereto shall befiled by all the joint owner(s).✕ 你選的
(B)Where a patent right is jointly owned, it shall not be exploited assigned, entrusted, licensed,pledged, or abandoned without the consent of all the joint owner(s).✓ 正解✕ 你選的
(C)Where a patent right is jointly owned, no joint owner may assign, entrust or establish a pledge onhis own share without the consent of all the other joint owner(s).✕ 你選的
(D)Where a joint owner of a patent right has abandoned his own share, this share shall be vested inother joint owner(s).✕ 你選的
110 年選
第 23 題
According to the R.O.C. Patent Act, which of the following statements is incorrect?
(A)Patent right shall not be taken as the subject of a pledge.✓ 正解✕ 你選的
(B)An agreement concluded between an employer and an employee as stated in Article 8 of theR.O.C. Patent Act, based on which the employee is precluded from enjoying legitimate rights andinterests in respect of his invention, utility model, or design, shall be void.✕ 你選的
(C)While serving in the Specific Patent Agency, staff members or patent examiners shall not applyfor a patent except for inheritance.✕ 你選的
(D)Where an examination decision or any other document(s) cannot be served, such decision ordocument(s) shall be published in the Patent Gazette and shall be deemed to have been servedthirty days after publication.✕ 你選的
110 年選
第 24 題
According to the R.O.C. Patent Act, which of the following is not a circumstance where an inventionpatent right shall become extinguished?
(A)Where the patent term has expired, and the patent shall become extinguished.✕ 你選的
(B)Where the patentee has passed away without heirs.✕ 你選的
(C)Where a patent application for invention that is approved, the patent certificate fee and the first-year patent annuity are not paid by the applicant within three months after the date on which theapproval decision is served.✓ 正解✕ 你選的
(D)Where the patentee abandoned the patent, the patent right shall be extinguished from the date thepatentee makes a declaration in writing.✕ 你選的
110 年選
第 25 題
According to Article 22, Paragraph 3 of the R.O.C. Patent Act, a disclosure made by or against theapplicant’s will shall not be deemed as one of the circumstances that would preclude the grant of aninvention patent prescribed in the subparagraphs of Paragraph 1 or the preceding paragraph, providedthat the concerned patent application is filed within twelve months after the date of the disclosure.The twelve- month period mentioned above is called.
