In accordance with the R.O.C. Patent Act, its enforcement rules and related regulations, the patentagent may take any action within the extent of power conferred upon, however, certain actions shallnot be taken without being special empowerment. Which of the following action does not requirespecial authorization by the patent applicant/owner?
(A)Abandoning a patent right.✕ 你選的
(B)Withdrawing a request for post-grant amendment.✕ 你選的
(C)Apply for patent term extension.✓ 正解✕ 你選的
(D)Withdrawing a divisional patent application.✕ 你選的
114 年選
第 2 題
When conducting invalidation proceedings, the TIPO may, by ex officio, examine the reason andevidence not provided by the requester of invalidation action but within the scope of the invalidationstatement, and notify the patentee to respond within a specified time period.Ex officio means:
(A)By someone’s request✕ 你選的
(B)By its own authority✓ 正解✕ 你選的
(C)Take all necessary actions✕ 你選的
(D)Form a special group✕ 你選的
114 年選
第 3 題
According to the Intellectual Property Case Adjudication Act, which of the following statementsregarding confidentiality preservation order is incorrect?
(A)A confidentiality preservation order shall become effective upon being served on the personsubject thereto.✕ 你選的
(B)No appeal may be taken if a motion or request for a confidentiality preservation order is deniedby the court.✓ 正解✕ 你選的
(C)The person subject to a confidentiality preservation order shall not use the trade secrets forpurposes other than those related to the case, nor shall it disclose said trade secrets to those notsubject to the order.✕ 你選的
(D)A confidentiality preservation order shall become invalid when the ruling revoking such orderbecomes conclusive.✕ 你選的
114 年選
第 4 題
In Taiwan, the applicant whose invention involves green technologies may request AEP (AcceleratedExamination Program) to ascertain its patentability at the earliest.In the above sentence, “ascertain” means:
(A)Find out✓ 正解✕ 你選的
(B)Seclude✕ 你選的
(C)Expedite✕ 你選的
(D)Exclude✕ 你選的
114 年選
第 5 題
Which of the following transitional phrases in patent application excludes any element, step, oringredient not specified in the claim?
(A)Consisting of✓ 正解✕ 你選的
(B)Characterized by✕ 你選的
(C)Comprising✕ 你選的
(D)Including✕ 你選的
114 年選
第 6 題
Article 70 of the Intellectual Property Case Adjudication Act states that in an administrative actionconcerning revocation of a patent right, the Intellectual Property and Commercial Court shall takeinto account any new evidence submitted on the same grounds for the revocation prior to the end ofthe oral argument, and the competent intellectual property authority shall provide written briefs inresponse to the new evidence in the preceding paragraph, indicating whether arguments provided bythe opposing party concerning such new evidence have merit.“Merit” in the above article means:
(A)Economic value✕ 你選的
(B)Legal significance✓ 正解✕ 你選的
(C)Matrimonial relationship✕ 你選的
(D)Unrebuttable evidence∣70650✕ 你選的
114 年選
第 7 題
Which of the following WIPO administrative treaties regulates the international classification forindustrial designs?
(A)Locarno Agreement✓ 正解✕ 你選的
(B)Nice Agreement✕ 你選的
(C)Strasbourg Agreement✕ 你選的
(D)Vienna Agreement✕ 你選的
114 年選
第 8 題
To provide patent applicants with more comprehensive and flexible options for utilizing inventionand designpatents,thereby supporting enterprisesin patentportfoliomanagementandcommercialization, starting January 1, 2025, the Taiwan Intellectual Property Office implementedthe “Directions for Deferral of Substantive Examination of Invention and Design PatentApplications”.Deferral means:
(A)Postponed✓ 正解✕ 你選的
(B)Speed up✕ 你選的
(C)Simplify✕ 你選的
(D)Different✕ 你選的
114 年選
第 9 題
According to the R.O.C. Patent Act, which of the following statements regarding patent invalidationaction is incorrect?
(A)Where a patent contains more than one claim, an invalidation action may be filed against parts ofthe claims.✕ 你選的
(B)An invalidation statement shall not be modified or narrowed after filing.✓ 正解✕ 你選的
(C)Where there are multiple invalidation actions filed against the same patent, the Taiwan IntellectualProperty Office, when necessary, may consolidate the invalidation proceedings of the said actions.✕ 你選的
(D)Where an invention patent is revoked finally and bindingly, the effect of patent right shall bedeemed non-existent ab initio.✕ 你選的
114 年選
第 10 題
Article 72 of the R.O.C. Patent Act states that where the interested party possesses recoverable legalinterests due to the revocation of a patent, such interested party may file an invalidation action afterthe said patent has become extinguished ipso facto.ipso facto means:
(A)By the fact itself✓ 正解✕ 你選的
(B)Among others✕ 你選的
(C)Within the powers✕ 你選的
(D)From the office✕ 你選的
114 年選
第 11 題
“ABC Company (LICENSOR) will defend any claim, suit, or proceeding brought against XYZCompany (LICENSEE) and will pay any damages or court costs finally awarded against XYZCompany, or agreed to by ABC Company in settlement or compromise, to the extent such claim, suit,or proceeding is based on an allegation that the Licensed Patent under this Agreement, or thedistribution or use thereof in accordance with this Agreement, infringes any patent right of unrelatedthird party provided that XYZ Company promptly notifies ABC Company of such claim, suit, orproceeding…”The above clause is generally referred to as:
(A)Integration clause✕ 你選的
(B)Indemnification clause✓ 正解✕ 你選的
(C)Litigation clause✕ 你選的
(D)Notice clause✕ 你選的
114 年選
第 12 題
Ais an agreement where a patent holder agrees not to seek to enforce its patent or otherintellectual property rights against another party or parties, sometimes used as patent infringementsettlement agreements that are drafted with the purpose of preemptively resolving present and futureinfringement disputes.
(A)nolo contendere agreement✕ 你選的
(B)non-compete agreement✕ 你選的
(C)non-assertion agreement✓ 正解✕ 你選的
(D)non-binding agreement∣70650✕ 你選的
114 年選
第 13 題
Article 9 of R.O.C. Patent Act states that an agreement concluded between an employer and anemployee based on which the employee is precluded from enjoying legitimate rights and interests inrespect of his/her invention, utility model, or design, shall be void.Void is synonymous with:
(A)Null✓ 正解✕ 你選的
(B)Valid✕ 你選的
(C)Rescindable✕ 你選的
(D)Viable✕ 你選的
114 年選
第 14 題
“If after the Effective Date of this Agreement, ABC Company (LICENSOR) grants to any other thirdparty, a patent license which is substantially the same scope as granted to XYZ Company(LICENSEE) herein but under more favorable royalty rates than those given to XYZ Company underthis Agreement, ABC Company shall promptly notify XYZ Company of said more favorable royaltyrates, and XYZ Company shall have the right and option to substitute such more favorable royaltyrates for the royalty rates contained in this Agreement...”The above clause is generally referred to as:
(A)Most-favored licensee clause✓ 正解✕ 你選的
(B)Lump-sum royalty clause✕ 你選的
(C)Advance royalty clause✕ 你選的
(D)Grant-back license clause✕ 你選的
114 年選
第 15 題
An invention may be granted a patent upon application, except for the invention was publicly knownprior to the filing of the patent application. Which requirement for patent is contained in thisdescription?
(A)Patentable subject matter✕ 你選的
(B)Inventive step✕ 你選的
(C)Enablement✕ 你選的
(D)Novelty✓ 正解✕ 你選的
114 年選
第 16 題
According to the Agreement on Trade-related Aspects of Intellectual Property Rights, which of thefollowing statements is incorrect?
(A)Members shall provide for the protection of independently created industrial designs that are newor original; Members may not provide exceptions to the protection of industrial designs.✓ 正解✕ 你選的
(B)Where the subject matter of a patent is a product, a patent shall confer on its owner the exclusiveright to prevent third parties not having the owner’s consent from the acts of: making, using,offering for sale, selling, or importing for these purposes that product.✕ 你選的
(C)Members may provide limited exceptions to the exclusive rights conferred by a patent, providedthat such exceptions do not unreasonably conflict with a normal exploitation of the patent and donot unreasonably prejudice the legitimate interests of the patent owner, taking account of thelegitimate interests of third parties.✕ 你選的
(D)The term of protection available shall not end before the expiration of a period of twenty yearscounted from the filing date.✕ 你選的
114 年選
第 17 題
Which of the following statements with regard to patent licensing under the R.O.C. Patent Act isincorrect?
(A)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 contract.✕ 你選的
(B)An exclusive license for a patent is not valid until it is recorded with the Specific Patent Agency.✓ 正解✕ 你選的
(C)A non-exclusive licensee shall not be allowed to sub-license a third party to exploit the licensedpatent without the consent of the invention patentee or the exclusive licensee.✕ 你選的
(D)An exclusive licensee shall, within the scope of the license granted, exclude the patentee and thirdparties from exploiting the patented invention.∣70650✕ 你選的
114 年選
第 18 題
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 any foreign country, the applicant may claimpriority in respect of an R.O.C. patent application for the same invention if the R.O.C. patentapplication for the same invention is filed within twelve (12) months after the filing date of thesaid first patent application.✓ 正解✕ 你選的
(B)Where an applicant claims two or more priorities in respect of a patent application, the priorityperiod shall be determined based on the earliest priority date.✕ 你選的
(C)For a patent application filed with priority, examination on its patentability shall be based on thepriority date.✕ 你選的
(D)Where an applicant unintentionally fails to claim priority claim at the time of filing, the applicantmay, within sixteen (16) months after the earliest priority date, apply for reinstatement of priorityclaim, pay the required fees and submit the required declarations.✕ 你選的
114 年選
第 19 題
Which of the following is not one of the non-obviousness inquiries?
(A)The scope of the prior art.✕ 你選的
(B)The level of ordinary skill in the pertinent art.✕ 你選的
(C)The content of the prior art.✕ 你選的
(D)The differences between the patent at issue and the allegedly infringing product.✓ 正解✕ 你選的
114 年選
第 20 題
Which of the following statements regarding the right to apply for patent is correct?
(A)Unlike the patent right itself, the right to apply for a patent is not assignable.✕ 你選的
(B)The right to apply for a patent shall not be taken as the subject of a pledge.✓ 正解✕ 你選的
(C)Where a fund provider appoints another party to conduct research and development, the ownershipof the right to apply for a patent and the patent right in connection with the outcome of suchresearch and development shall be vested in the fund provider.✕ 你選的
(D)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.✕ 你選的
114 年選
第 21 題
Which of the following statements regarding the effects and limitation of patent rights is incorrect?
(A)The patentee of an invention patent has an exclusive right to prevent others from exploiting theinvention without the patentee’s consent.✕ 你選的
(B)The patentee's exclusive rights may apply to a vehicle merely passing through Taiwan.✓ 正解✕ 你選的
(C)The effects of an invention patent right shall not extend to necessary acts to exploit the inventionfor research or experimental purposes.✕ 你選的
(D)The effects of the patent right shall not extend to trials necessary for obtaining market approval ofpharmaceuticals from a foreign country.✕ 你選的
114 年選
第 22 題
Which of the following statements regarding patent exhaustion is correct?
(A)The patent exhaustion does not extend to the acts of reselling the patented product and is limitedto the acts of using the product only.✕ 你選的
(B)The R.O.C. Patent Act does not provide any specific rules regarding patent exhaustion doctrine.✕ 你選的
(C)The buyer of the patented product must have purchased the product in the territory of R.O.C. inorder for the patent to be exhausted.✕ 你選的
(D)The effects of an invention patent right shall not extend to any patented product made by thepatentee after its sale.∣70650✓ 正解✕ 你選的
114 年選
第 23 題
Which of the following statements regarding patent remedies is correct?
(A)Where the inventor’s right to be indicated as such is infringed, the inventor may request fornecessary disposition(s) to have his/her name indicated or to restore the impaired reputation.✓ 正解✕ 你選的
(B)A non-exclusive licensee may claim for damages only in case an infringement of invention patentoccurs due to intentional act.✕ 你選的
(C)For the purpose of calculating damages, the patentee may choose the method based on the profitsearned by the infringer as a result of patent infringement, but only in cases where the infringementof an invention patent was intentional.✕ 你選的
(D)A patentee of an invention patent may demand a person who infringes to stop only when theinfringement occurs due to intentional act or negligence.✕ 你選的
114 年選
第 24 題
Which of the following descriptions regarding invention irrelevant to the performance of duties (aninvention made by an employee without connection to the course of performing his or her duties)under the R.O.C. Patent Act is incorrect?
(A)The right to apply for a patent and the patent right for such invention shall be vested in theemployee.✕ 你選的
(B)If such invention is made through the utilization of the employer's resources or experiences, theemployer may exploit the invention in the enterprise without paying the employee remuneration.✓ 正解✕ 你選的
(C)Upon completion of such invention, the employee shall give the employer a written noticeregarding such event, and shall also inform the employer of the creative process, if necessary.✕ 你選的
(D)If the employer fails to raise any objection to the employee within six (6) months after receivingthe employee's written notice regarding such invention, the employer shall not claim that theinvention at issue was made by the said employee in the course of performing his/her duties.✕ 你選的
114 年選
第 25 題
Which of the following descriptions regarding patent applications under the R.O.C. Patent Act isincorrect?
(A)Where two or more patent applications are filed for the same invention, only the earliestapplication can be granted.✕ 你選的
(B)Two or more inventions so linked as to form a single general inventive concept may be filed inone application.✕ 你選的
(C)A patent application that substantially contains two or more inventions may, upon notice by theSpecific Patent Agency or upon request by the applicant, be divided into two or more divisionalapplications.✕ 你選的
(D)An applicant filing a patent application for invention and a patent application for utility model forthe same creation on the same date can decide whether to make declarations in respect of the saidapplications.✓ 正解✕ 你選的