專利師 115 年專業英文考古題（共 25 題）
資料來源：考選部歷屆試題｜法律人 LawPlayer 整理
https://lawplayer.com/exam/patent-attorney/115-%E5%B0%88%E6%A5%AD%E8%8B%B1%E6%96%87

第 1 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?
(A) Deemed as lack of novelty
(B) Deemed Loss of Novelty
(C) Lack of novelty based on legal fiction
(D) Lack of novelty based on presumption∣70650
正解：D

第 2 題
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…"
(A) Erga omnes
(B) Sui generis
(C) Bona fides
(D) Prima facie
正解：B

第 3 題
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?
(A) Invention patent
(B) Utility model patent
(C) Design patent
(D) Art patent
正解：C

第 4 題
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?
(A) No patent information on said new drug has been listed.
(B) The patent(s) corresponding to said new drug has been extinguished.
(C) The central competent health authority will issue the generic drug license after the patent(s)corresponding to said new drug are extinguished.
(D) The patent(s) corresponding to said new drugs shall be revoked, or the patent(s) corresponding tothe generic drug subject to the application for drug license will not be infringed by said new drugs.
正解：D

第 5 題
Article 13 of the R.O.C. Patent Act provides: "Where the right to apply for a patent is jointlyowned,
(A) ….Where one of the owners of the right to apply for a patent abandons his/herown share,
(B) "
(A) each co-owner may freely dispose of his own share.
(B) this share shall be assigned to the National Treasury.
(A) each co-owner may freely dispose of his own share.
(B) this share shall be vested in the other joint owner(s).
(A) the right to apply for the patent shall not be assigned or abandoned without the consent of alljoint owners.
(B) this share shall be assigned to the National Treasury.
(A) the right to apply for the patent shall not be assigned or abandoned without the consent of alljoint owners.
(B) this share shall be vested in the other joint owner(s).
正解：D

第 6 題
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."
(A) realties
(B) royalties
(C) commissions
(D) concessions∣70650
正解：B

第 7 題
Under the R.O.C. Patent Act, which of the following descriptions is incorrect?
(A) Where an invention is made by an employee in the course of performing his duties, the right toapply for a patent and the patent right thereof shall be vested in his employer and the employershall pay the employee reasonable remuneration; where there is an agreement providingotherwise, such agreement shall prevail.
(B) 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 party as mutually agreed upon in an agreementbetween both parties, or such rights shall be vested in the fund provider in the absence of suchagreement.
(C) Where the ownership of the right to apply for a patent and the patent right are vested in theemployer or the fund provider pursuant to Paragraph 1 or Paragraph 3 of Article 7 of the R.O.C.Patent Law, the inventor concerned shall be entitled to have his name shown as such.
(D) Where an invention made by an employee has no connection to the course of performing hisduties, the right to apply for a patent and the patent right for such invention shall be vested in theemployee.
正解：B

第 8 題
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?
(A) The description does not fully disclose the invention in a manner that is clear and sufficient for itto be understood and carried out by a person having ordinary skill in the art.
(B) The Chinese translation submitted pursuant to Paragraph 3 of Article 25 extends beyond the scopeof content disclosed in the original foreign language documents as filed.
(C) A post-grant amendment substantially enlarges or alters the scope of the claim(s) as published.
(D) The inventor’s right to be indicated as such is infringed.
正解：D

第 9 題
Under the R.O.C. Patent Act, which of the following conditions does not limit the exclusive rights ofpatents?
(A) Acts done privately and for non-commercial purposes.
(B) Research and trials for the purpose of obtaining registration and market approval of drugs underthe Pharmaceutical Affairs Act.
(C) Producing devices for preparing of medicines in accordance with a prescription from a physician.
(D) Where, after the sale of a patented product made by the patentee or made under consent of thepatentee, using or reselling such product.
正解：C

第 10 題
Under the R.O.C. Patent Act, which of the following descriptions regarding utility model patent isincorrect?
(A) "Utility model" means the conception of technical ideas relating to the shape or structure of anarticle or combination of articles or processes, utilizing the laws of nature.
(B) The term of a utility model patent shall expire after a period of ten years starting from the filingdate.
(C) When exercising a utility model patent, the patentee shall not make a warning without presentingthe technical evaluation report of the utility model patent.
(D) Where a utility model patent is revoked, the patentee shall be liable for the damages suffered byanother person due to the patentee’s exercise of utility model patent right prior to its revocation.The above shall not apply if such exercise is based on the content of the technical evaluation reportof utility model patent and carried out with due care.∣70650
正解：A

第 11 題
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?
(A) The court must stay the infringement action until TIPO and all subsequent administrative appealproceedings regarding the amendment become final.
(B) The court may not determine whether the patent has grounds for invalidation because such issuesfall exclusively within TIPO's jurisdiction.
(C) The court may independently determine whether the patent has grounds for invalidation and mayconsider the potential effect of the pending amendment without necessarily waiting for TIPO'sfinal decision.
(D) The court may determine patent validity, but it is prohibited from considering any amendment thathas not yet been approved by TIPO.
正解：C

第 12 題
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) The amendment may broaden the scope of claims as long as it is within one year after grant.
(B) The amendment is allowed only if the patentee pays an additional annuity fee within six monthsof the amendment request.
(C) The amendment must not substantially enlarge or alter the scope of the claims, and must complywith the requirements of clarity and support by the specification.
(D) The amendment can freely introduce new technical features not disclosed in the originalspecification, provided they improve industrial applicability.
正解：C

第 13 題
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?
(A) The Prosecution History Estoppel
(B) The Compulsory Licensing Provisions to permit third-party usage based on public interest.
(C) The Literal Infringement Test to confirm absolute textual identity between the claim and theaccused product.
(D) The Doctrine of Equivalents to prevent the competitor from avoiding liability through insubstantialvariations.
正解：D

第 14 題
Which of the following is NOT a characteristic of patent rights?
(A) Territoriality
(B) Exclusivity
(C) Perpetuity
(D) Transferability∣70650
正解：C

第 15 題
Which of the following best describes the purpose of the Bolar Exception in patent law?
(A) To allow competitors to manufacture and commercially sell patented products before the patentexpires.
(B) To permit activities necessary for obtaining regulatory approval of a product before patentexpiration.
(C) To grant an automatic extension of the patent term for pharmaceutical inventions.
(D) To exempt universities from liability for all forms of patent infringement.
正解：B

第 16 題
Under Taiwan patent practice, a divisional application is generally permissible only when:
(A) The parent application has already matured into a patent right.
(B) The parent application remains procedurally pending and the statutory requirements for divisionare satisfied.
(C) The applicant intends to extend the patent term of the parent application.
(D) The parent application has been finally rejected and all remedies have been exhausted.
正解：B

第 17 題
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?
(A) The court may rely on the TEO's report as binding expert evidence without disclosing it to theparties.
(B) The TEO may independently determine whether the patent is valid and issue a decision bindingon the court.
(C) The parties must be given an opportunity to review and respond to the TEO's opinions before thecourt relies upon them.
(D) The TEO serves as a court-appointed expert witness and may be cross-examined in the samemanner as a witness.
正解：C

第 18 題
The extension of Taiwan's design patent term from 12 years to 15 years was primarily intended to:
(A) Provide design patents with protection equivalent to copyright protection.
(B) Align Taiwan's system with international trends and enhance protection for design-intensiveindustries.
(C) Eliminate the need for substantive examination of design patents.
(D) Permit perpetual protection for industrial designs.
正解：B

第 19 題
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:
(A) Granting exclusive rights for a limited period in exchange for public disclosure of the invention.
(B) Allowing patent owners to maintain technical information as trade secrets indefinitely.
(C) Eliminating disclosure requirements once a patent is granted.
(D) Extending patent protection whenever commercial success is demonstrated.
正解：A

第 20 題
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?
(A) Design patents protect only designs embodied in physical articles.
(B) Digital image designs cannot be enforced against online infringement.
(C) Design patents may protect qualifying digital image designs even when not permanently embodiedin a physical product.
(D) Digital image designs are subject to a shorter patent term than other design patents.∣70650
正解：C

第 21 題
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?
(A) A reinforced structure of a folding ladder.
(B) A manufacturing process for producing semiconductor wafers.
(C) A new configuration of components in a mechanical hand tool.
(D) An improved shock-absorbing structure for a bicycle saddle.
正解：B

第 22 題
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)?
(A) The TRIPS Agreement establishes minimum standards for intellectual property protection, whilethe PCT provides a unified filing procedure for seeking patent protection in multiple jurisdictions.
(B) The TRIPS Agreement allows applicants to obtain a worldwide patent, while the PCT establishesminimum patentability standards for member states.
(C) Both the TRIPS Agreement and the PCT automatically grant patent rights in all contracting states.
(D) Both the TRIPS Agreement and the PCT primarily govern patent infringement litigation andremedies.
正解：A

第 23 題
Under the doctrine of patent exhaustion as recognized in Taiwan, which of the following statementsis most accurate regarding parallel importation of patented products?
(A) Parallel importation always constitutes patent infringement because the products were importedwithout the patentee's consent in Taiwan.
(B) Parallel importation is prohibited unless the importer obtains a compulsory license.
(C) Parallel importation is permitted only after the patent has expired.
(D) Parallel importation is generally permitted when the patented products were lawfully placed onthe market by the patentee or with the patentee's authorization.
正解：D

第 24 題
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?
(A) Technical Examination Officer
(B) Verifier
(C) Patent Examiner
(D) Expert Witness
正解：B

第 25 題
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?
(A) The court must immediately dismiss the action with prejudice.
(B) The court must proceed with the case because patent litigation is exempt from compulsoryrepresentation requirements.
(C) The court may order the party to appoint qualified legal counsel within a specified period, andprocedural defects may result if the order is not complied with.
(D) The opposing party automatically loses the right to challenge representation defects.
正解：C

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