專利師 115 年專業英文考古題

According to the R.O.C. Patent Act, a person shall not be entitled to a patent if the claimed inventionwas described in the specification, claims or drawings of a patent issued or an application forinvention or utility model patent published, in which the patent or application, as the case may be,names another inventor and was effectively filed before the effective filing date of the claimedinvention. However, this shall not apply where the applicant of the later-filed patent application isalso the applicant of the earlier-filed patent application for invention or utility model. Which of thefollowing concepts does not cover what is described in this provision?

Paragraph 3 of Article 27 of the Agreement on Trade-Related Aspects of Intellectual Property Rights(TRIPS) provides: "Members may also exclude from patentability: .... (b) plants and animals otherthan micro-organisms, and essentially biological processes for the production of plants or animalsother than non-biological and microbiological processes. However, Members shall provide for theprotection of plant varieties either by patents or by an effective ______system or by any combinationthereof…"

Under the R.O.C. Patent Act, which of the following patent categories has primary protection on acreation made in respect of the shape, pattern, color, or any combination thereof, of an article as awhole or in part by visual appeal?

According to Article 48-9 of the R.O.C. Pharmaceutical Affair Act, the applicant for a generic druglicense shall, with respect to the patent(s) of the approved new drug listed by the said new drug licenseholder, declare one of the four item(s) in the article when applying for a generic drug license. Whichof the following is not a listed item in such article?

Article 13 of the R.O.C. Patent Act provides: "Where the right to apply for a patent is jointlyowned,

Paragraph 1 of Article 97 of the R.O.C. Patent Act provides: "The damages claimed pursuant to thepreceding article may be calculated according to any of the following methods: . . .3. the amountcalculated on the basis of reasonable _____ that may be collected from exploiting the invention patentbeing licensed."

Under the R.O.C. Patent Act, which of the following descriptions is incorrect?

According to the R.O.C. Patent Act, which of the following is not a condition under which any personmay request an invalidation action against an invention patent with the Specific Patent Agency?

Under the R.O.C. Patent Act, which of the following conditions does not limit the exclusive rights ofpatents?

Under the R.O.C. Patent Act, which of the following descriptions regarding utility model patent isincorrect?

Company X files a patent infringement action against Company Y before the Intellectual Propertyand Commercial Court of Taiwan.In response, Company Y asserts that the asserted patent is invalid and presents prior-art evidence.During the litigation, Company X files a post-grant amendment application with the TaiwanIntellectual Property Office (TIPO), and the amendment proceeding remains pending.Under the R.O.C. Intellectual Property Case Adjudication Act, which of the following statements isMOST accurate?

Under the R.O.C. Patent Act, if a patentee wishes to amend the scope of claims after the grant of thepatent, which of the following conditions must be satisfied for the amendment to be legallypermissible?

A patentee holds a valid patent for a chemical formulation requiring the use of "alkaline earth metal"as a core stabilizing element. A competitor later manufactures a competing product substituting the"alkaline earth metal" with a specific silicate compound. Compared with the patent concerned, whilethe product does not fall within the literal scope, it functions substantively the same, known to askilled person at the time of infringement. Under Taiwan's patent infringement assessment guidelines,which legal framework should the court invoke to determine whether infringement is established?

Which of the following is NOT a characteristic of patent rights?

Which of the following best describes the purpose of the Bolar Exception in patent law?

Under Taiwan patent practice, a divisional application is generally permissible only when:

In a patent infringement action before the Intellectual Property and Commercial Court, a TechnicalExamination Officer (TEO) prepares a technical report to assist the court in understanding thetechnology at issue. Which of the following statements is most accurate under R.O.C.'s IntellectualProperty Case Adjudication Act?

The extension of Taiwan's design patent term from 12 years to 15 years was primarily intended to:

One of the fundamental policy objectives of the patent system under the R.O.C. Patent Act is tobalance private incentives and public interest. This objective is primarily achieved by:

Under the R.O.C. Patent Act, the protection of design patents was expanded to cover certain digitalimage designs. Which of the following statements is most accurate?

Under the R.O.C. Patent Act, which of the following subject matters would generally be eligible foran invention patent but not for a utility model patent?

Which of the following statements best distinguishes the functions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Patent Cooperation Treaty (PCT)?

Under the doctrine of patent exhaustion as recognized in Taiwan, which of the following statementsis most accurate regarding parallel importation of patented products?

In a patent infringement lawsuit governed by the R.O.C. Intellectual Property Case Adjudication Act,the plaintiff (patentee) requests the court to discover evidence hidden within the defendant's premises.The court decides to appoint an independent expert to conduct an on-site investigation. Which of thefollowing terms correctly identifies this specialized role?

Under the R.O.C. Intellectual Property Case Adjudication Act, a party files a patent infringementaction before the Intellectual Property and Commercial Court without appointing an attorney in aproceeding subject to compulsory legal representation. What is the most appropriate proceduralconsequence?