專利師 114 年專業英文考古題

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. (B)Withdrawing a request for post-grant amendment. (C)Apply for patent term extension. (D)Withdrawing a divisional patent application.

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 (B)By its own authority (C)Take all necessary actions (D)Form a special group

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. (B)No appeal may be taken if a motion or request for a confidentiality preservation order is deniedby the court. (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. (D)A confidentiality preservation order shall become invalid when the ruling revoking such orderbecomes conclusive.

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 (B)Seclude (C)Expedite (D)Exclude

Which of the following transitional phrases in patent application excludes any element, step, oringredient not specified in the claim? (A)Consisting of (B)Characterized by (C)Comprising (D)Including

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 (B)Legal significance (C)Matrimonial relationship (D)Unrebuttable evidence∣70650

Which of the following WIPO administrative treaties regulates the international classification forindustrial designs? (A)Locarno Agreement (B)Nice Agreement (C)Strasbourg Agreement (D)Vienna Agreement

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 (B)Speed up (C)Simplify (D)Different

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. (B)An invalidation statement shall not be modified or narrowed after filing. (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. (D)Where an invention patent is revoked finally and bindingly, the effect of patent right shall bedeemed non-existent ab initio.

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 (B)Among others (C)Within the powers (D)From the office

“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 (B)Indemnification clause (C)Litigation clause (D)Notice clause

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 (B)non-compete agreement (C)non-assertion agreement (D)non-binding agreement∣70650

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 (B)Valid (C)Rescindable (D)Viable

“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 (B)Lump-sum royalty clause (C)Advance royalty clause (D)Grant-back license clause

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 (B)Inventive step (C)Enablement (D)Novelty

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. (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. (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. (D)The term of protection available shall not end before the expiration of a period of twenty yearscounted from the filing date.

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. (B)An exclusive license for a patent is not valid until it is recorded with the Specific Patent Agency. (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. (D)An exclusive licensee shall, within the scope of the license granted, exclude the patentee and thirdparties from exploiting the patented invention.∣70650

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. (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. (C)For a patent application filed with priority, examination on its patentability shall be based on thepriority date. (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.

Which of the following is not one of the non-obviousness inquiries? (A)The scope of the prior art. (B)The level of ordinary skill in the pertinent art. (C)The content of the prior art. (D)The differences between the patent at issue and the allegedly infringing product.

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. (B)The right to apply for a patent shall not be taken as the subject of a pledge. (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. (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.

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. (B)The patentee's exclusive rights may apply to a vehicle merely passing through Taiwan. (C)The effects of an invention patent right shall not extend to necessary acts to exploit the inventionfor research or experimental purposes. (D)The effects of the patent right shall not extend to trials necessary for obtaining market approval ofpharmaceuticals from a foreign country.

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. (B)The R.O.C. Patent Act does not provide any specific rules regarding patent exhaustion doctrine. (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. (D)The effects of an invention patent right shall not extend to any patented product made by thepatentee after its sale.∣70650

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. (B)A non-exclusive licensee may claim for damages only in case an infringement of invention patentoccurs due to intentional act. (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. (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.

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. (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. (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. (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.

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. (B)Two or more inventions so linked as to form a single general inventive concept may be filed inone application. (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. (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.