專利師 110 年專業英文考古題

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. (B)The decision on a request for compulsory license shall be made in writing and shall indicate thereasons, scope, duration, and the required remuneration. (C)Exploitation of a compulsory license shall be predominantly for the supply of importing countrymarket. (D)Granting of compulsory licensing shall not affect the exercise of patent right by the patenteeconcerned.

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 (B)Inventive steps (C)Single general inventive concept (D)Multiple dependent claim

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 (B)exclusive (C)statutory (D)non-exclusive

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. (B)The term of a utility model patent will not expire until the end of ten years after the patentapplication was made. (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. (D)The Intellectual Property Office may not advance the laying-open of a patent application at therequest of the applicant.

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 (B)I and III only (C)II and III only (D)I only|70650

The purpose of Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) maynot be. (A)to reduce distortions and impediments to international trade (B)to promote effective and adequate protection of intellectual property rights (C)to ensure that intellectual property rights not become barriers to legitimate trade (D)to reduce affect of Most-Favoured-Nation Treatment

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. (B)It recites all or some of the elements of a known article, process, composition, or combination inthe preamble to the claim. (C)It shall refer to more than one other claim in the alternative only. (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.

For patent application, what does the term “estoppel” mean? (A)Exemption (B)Application (C)Preclusion (D)Jurisdiction

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 (B)infringe (C)reduce (D)present

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. (B)A utility model patent may not be granted if it is contrary to public order or morality. (C)The term of a utility model patent will not expire until the end of twelve years after the patentapplication was made. (D)The utility model patent may be claimed on a specific technical process.

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. (B)A patent application for design shall indicate the article to which the design is applied. (C)A design patentee shall abandon his/her design patent right without consent from the licensee orpledgee. (D)The extent of the protection conferred by a design patent shall be determined by the drawing.|70650

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 (B)awarding the damages greater than the loss suffered but not exceeding five times of the provenloss (C)the profit earned by the infringer as a result of patent infringement (D)the amount calculated on the basis of reasonable royalties that may be collected from exploitingthe invention patent being licensed

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. (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. (C)If the required documents are not submitted within the specified time period, the deposits shouldalso be deemed to have been made. (D)No deposits are required even if the biological materials involved cannot be easily obtained bypeople ordinarily skilled in the art.

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 (B)doctrine of limitations (C)doctrine of equivalents (D)first-to-file principle

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 (B)Formulation (C)Composition (D)Intermediates

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 (B)Tuberculosis (C)Diabetes (D)Malaria|70650

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. (B)Necessary acts are made to exploit the invention for research. (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. (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.

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. (B)Exploitation of the invention patent involving an agrichemical needs regulatory approval inaccordance with other laws and regulations. (C)Invention patentee has suffered loss as a result of civil commotion in the R.O.C. (D)Exploitation of the invention patent involving a medical device needs premarket regulatory review.

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 (B)To narrow down the scope of a claim (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 (D)To clarify an ambiguous statement

Which type of patent protection is not provided in the R.O.C. Patent Act? (A)Industrial design (B)Plant variety (C)Microorganism (D)Biological processes for producing microorganism

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 (B)(1) the employer (2) the fund provider (C)(1) the employer (2) the inventor (D)(1) the employee (2) the fund provider|70650

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). (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). (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). (D)Where a joint owner of a patent right has abandoned his own share, this share shall be vested inother joint owner(s).

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. (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. (C)While serving in the Specific Patent Agency, staff members or patent examiners shall not applyfor a patent except for inheritance. (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.

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. (B)Where the patentee has passed away without heirs. (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. (D)Where the patentee abandoned the patent, the patent right shall be extinguished from the date thepatentee makes a declaration in writing.

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. (A)grey period (B)grace period (C)prioritized period (D)excused period