專利師 113 年專業英文考古題

Unless otherwise provided for in the R.O.C. Patent Act, the patentee of an invention patent hastoprevent others from exploiting the invention without the patentee’s consent. (A)a dominant position (B)a dominant right (C)an inclusive right (D)an exclusive right

Under the R.O.C. Patent Act, where an invention patent is revoked finally and bindingly, the effectof patent right. (A)should be deemed not to have existed (B)may be deemed not to have existed (C)should become extinguished on the publication date of the invention patent (D)may become extinguished on the filing date of the invention patent|70650

Under the Paris Convention for the Protection of Industrial Property, patents granted in differentContracting States for the same invention. (A)are interdependent on each other (B)are independent of each other (C)are dependent on each other (D)interfere with each other

Under the R.O.C. Patent Act,should, within the scope of the license granted, exclude thepatentee and third parties from exploiting the patented invention. (A)an exclusive licensor (B)an exclusive licensee (C)a non-exclusive licensor (D)an inclusive licensee

An owner of patented invention may sell the invention, transferring all the exclusive rights of it toanother person or legal entity. When all these rights are transferred, it is said thatof suchrights has taken place. (A)the assignment (B)licensing (C)establishment of a pledge (D)entrusting

Under the Agreement on Trade-Related Aspects of Intellectual Property Rights, Members mayexclude from patentability inventions dangerous to human, animal or plant life or health or seriouslyprejudicial to the environment, because the inventions. (A)do not meet the requirement of industrial applicability (B)are contrary to ordre public or morality (C)do not meet the requirement of inventiveness (D)do not help achieve the goal of climate neutrality

Under the R.O.C. Patent Act, where an invalidation action against an invention patent is consideredwell grounded, the patent right should be. (A)granted (B)validated (C)revoked (D)valid

Under the R.O.C. Patent Act, where the inventor’sis infringed, the inventor may request fornecessary disposition(s) to have his/her name indicated or to restore the impaired reputation. (A)exclusive right to dispose as a whole (B)right to be restored as a whole (C)exclusive rights as such (D)right to be indicated as such

Under the Agreement on Trade-Related Aspects of Intellectual Property Rights, for the purposes ofcivil proceedings in respect of the infringement of the rights of the owner, if the subject matter of apatent is a process for obtaining a product, the judicial authorities should have the authority to ordertheto prove that the process to obtain an identical product is different from the patentedprocess. (A)defendant (B)plaintiff (C)claimant (D)Specific Patent Agency|70650

Under the R.O.C. Patent Act, the Specific Patent Agency should assign a patent examiner to conducttheof a patent application for invention. (A)substantive examination (B)substantial examination (C)authentic review (D)normative review

Under the provisions on, the Paris Convention for the Protection of Industrial Propertyprovides that, as regards the protection of industrial property, each Contracting State must grant thesame protection to nationals of other Contracting States that it grants to its own nationals. (A)most-favored national treatment (B)citizens’ treatment (C)most-favored-nation treatment (D)national treatment

Under the Agreement on Trade-Related Aspects of Intellectual Property Rights, Membersshouldthe provisions of this Agreement within their own legal system and practice. (A)be free to determine the appropriate method of implementing (B)follow the specific methods of implementing (C)on certain conditions follow the specific methods of implementing (D)not implement

Under the R.O.C. Patent Act, a claimed utility model should be patented if, after, there is noevent negating its patentability, and the claim(s) and the drawing(s) thereof shall be published. (A)familiarity test (B)formality examination (C)formula test (D)similarity examination

In accordance with the R.O.C. Patent Act, which one of following descriptions concerning “thepurposing of enacting the Patent Act” and “types of patents” is true? (A)The Patent Act is enacted to encourage the creations of invention, utility model and design topromote industrial development. (B)The Patent Act is enacted to maintain industrial ethics and order in competition. (C)An “artistic work” is classified into a type of the term “patent” described in the Patent Act. (D)A “musical work” is classified into a kind of the term “patent” referred to in the Patent Act.

Under the R.O.C. Patent Act, where the term of an invention patent has expired, the patent shouldbecome. (A)an extinguisher (B)non-existed (C)extinguished (D)distinguished

Under the R.O.C. Patent Act, in case an infringement of invention patent occurs due to intentionalact or negligence, the patentee may claim forsuffered therefrom. (A)property (B)damages (C)comprehension (D)complications|70650

Which of the following descriptions about “duty of staff members and patent examiners” under theR.O.C. Patent Act is true? (A)While serving in the Taiwan Intellectual Property Office, staff members shall receive any interestsrelated to such patent indirectly for succession. (B)Patent examiners of the Taiwan Intellectual Property Office are not required to keep confidentialany design of an applicant which have been possessed by them in the course of performing theirduties for interior uses. (C)Where, for a concerned patent case, the patent examiner’s spouse is the patentee, the patentexaminer requires to exclude himself or herself. (D)Where, for a concerned patent case, the patent examiner is currently related to the invalidationrequester by consanguinity within the ninth degree or by affinity within the eighth degree, thepatent examiner needs to exclude himself or herself.

According to the R.O.C. Patent Act, which one of the following statements about “patent application”is wrong? (A)If the delay has exceeded one year after expiration of the statutory time period caused by naturalcalamity or other causes not attributable to the applicant, an application for reinstatement shallnot be accepted. (B)Where an examination decision cannot be delivered, such decision shall be published in the PatentGazette and deemed to have been delivered thirty days after publication. (C)Application for patent and other relevant proceedings may be electronically processed. (D)The duration of relevant time periods shall include the beginning date thereof.

Which one of the following descriptions concerning “substantial applicable condition of novelty” inaccordance with the R.O.C. Patent Act is wrong? (A)The invention was exploited publicly before the filing of the patent application. (B)The invention was known publicly after the filing of the patent application. (C)Where an invention claimed in a patent application for invention is identical to an inventiondisclosed in the drawings of an earlier-filed patent application for invention published after thelater-filed patent application, an invention patent shall not be granted. (D)Where the later-filed applicant of invention claimed in a patent application for the identicaldisclosed drawings of an earlier-filed patent application for invention is also the applicant of anearlier-filed patent application, an invention patent shall be granted.|70650

Which of the following statements about a subject matter in the “statutory protection of utility modelpatent” in accordance with the R.O.C. Patent Act is true? (A)A utility model, which is contrary to morality or public order, shall not be granted a utility modelpatent. (B)Layout of integrated circuits and electronic circuits shall be granted a utility model patent. (C)Primary biological processes for the production of animals shall be granted a utility model patent. (D)The shape of an article solely dictated by its function shall be granted a utility model patent.

Which one of the following statements related to “priority claim” under the R.O.C. Patent Act iscorrect? (A)Where an applicant has first applied for a patent in a foreign state, any member of the WorldIntellectual Property Organization (WIPO), the applicant may claim priority in respect of anR.O.C. patent application for the same invention if the R.O.C. patent application for the sameinvention is filed within eighteen months after the filing date of the said first patent application. (B)Within six months after the earliest priority date, the applicant shall submit a certified copy of thefirst patent application issued by the member of the World Trade Organization (WTO). (C)An applicant filing a patent application based on an earlier patent application for utility model inthe R.O.C. may make a priority claim with respect to the utility model disclosed in thedescriptions, drawings, or claims submitted for the earlier patent application that has not beenpublished. (D)Priority claimed shall not be withdrawn upon an expiry of six months after the filing date of theearlier patent application.

Which of the following descriptions related to “importation of patented articles or devices” and“compulsory license” in accordance with the Paris Convention is wrong? (A)Importation by the patentee into the state where the patent has been granted of articlesmanufactured in any state of the Union for the Paris Convention shall entail forfeiture of thepatent. (B)No proceedings for revocation or the forfeiture of a patent may be instituted before the expirationof two years from the grant of the first compulsory license. (C)A compulsory license shall be non-exclusive and not be transferable, even in the form of the grantof a sub-license, except with that part of the enterprise or goodwill which exploits such license. (D)When a product is imported into a state of the Union for the Paris Convention where there existsa patent protecting a process of manufacture of the product, the patentee shall have all the rights,with regard to the imported product, that are accorded to him by the legislation of the importedstate, on the basis of the process patent, with respect to products manufactured in that state.|70650

According to the TRIPS Agreement, which one of the following statements about “patent rightsconferred” is wrong? (A)Where the subject matter of a patent is a product, third parties do not allow to make, use, offer forsale, sell, or import for these purposes that product without a patent owner’s consent. (B)Where the subject matter of a patent is a process, there are no restrictions to third parties using theprocess and no limitations to use, offer for sale, sell, or import for these purposes at least theproduct obtained directly by that process. (C)WTO members’ laws may consider the legitimate interests of third parties to provide limitedexceptions to the exclusive rights conferred by a patent, provided that such exceptions do notunreasonably conflict with an ordinary use of the patent and do not fairly prejudice the legitimateinterests of the patent owner. (D)Patent owners have the right to transfer, or assign by succession, the patent and to make licensingcontracts.

According to the Enforcement Rule of the Patent Act, which one of the following descriptions relatedto “the original or the certified copy” is correct? (A)Any documents of proof submitted pursuant to the Patent Act and Enforcement Rule of the PatentAct shall be the photocopy thereof. (B)With regard to the certified priority document for patent application, the parties involved maysubmit the photocopy instead even though the photocopy of the documents of proof is identicalto the original or the certified copy. (C)Where a photocopy of the documentary evidence is submitted as evidence of invalidation, it shallbe proved to be identical to the original or the certified copy thereof. (D)When the original or the certified copy of the documents of proof has been verified by the TaiwanIntellectual Property Office, it may be kept by the Taiwan Intellectual Property Office.

Which one of the following statements about “the description of a patent application for invention”and “deposit for a biological material” in accordance with the Enforcement Rule of the Patent Act iswrong? (A)The paragraphs of the description may be arranged with two consecutive Arabic numbers inseparate square brackets so that each of the paragraphs can be clearly identified. (B)The title of invention should concisely describe the contents of the claimed inventions; irrelevantwording is not permitted. (C)When a patent application for invention involves a biological material, where the biologicalmaterial concerned has been deposited, the description shall specify the depository, date ofdeposit, and deposit number. (D)Before the patent application filing, the biological material concerned has been deposited in aforeign depository recognized by the Taiwan Intellectual Property Office, the description shallalso specify the foreign depository, date of deposit, and deposit number.