專利師 99 年專業英文考古題

A ________ referred to in Article 25 of the Patent Act is a document containing the title of the invention, description of theinvention, abstract of the invention, and scope of the claims.Choose the one word that best completes the above sentence:

A patent application is a request ________ at the Taiwan Intellectual Property Office (TIPO) for the grant of a patent describedand claimed by that application.Choose the one word that best completes the above sentence:

In the case of taking patent right as the subject of a pledge, the ________ shall not be allowed to put the patent under pledgeinto practice, unless otherwise provided for as a covenant in an agreement.Choose the one word that best completes the above sentence:

John is an employee of Smart Corp. and creates an invention in the performance of his job duties. The person ________ toapply for the patent shall be Smart Corp., unless otherwise provided for in an agreement between John and Smart Corp.Choose the one word that best completes the above sentence:

Although ideas are ________ subject matter, the application of an idea is not. In fact, it is the distinction between the idea andits application that defines the area of patentability.Choose the one word that best completes the above sentence:

If a patent is ________ by the TIPO or a competent court, it is treated as never having existed.Choose the one word that best completes the above sentence:

The novelty provisions focus on certain events constituting ________ that may occur prior to invention and, if they do, prohibitpatentability for lack of novelty.Choose the one word that best completes the above sentence:

A person seeking to protect an invention idea should diligently ________ the idea to practice.Choose the one word that best completes the above sentence:

The non-obviousness requirement serves to establish the minimum level of innovation over the prior art that is necessary forobtaining a patent. The “non-obviousness” is also known as ________ under the European Patent Convention.Choose the one word or phrase that best completes the above sentence:

The novelty inquiry is into the entire prior art, whether or not applicable, pertinent, or analogous. All that matters is that somewherein the prior art the invention may be ________ disclosed.Choose the one phrase that best completes the above sentence:

________ are concerned with the appearance of an article rather than its structure or utilitarian features.Choose the one phrase that best completes the above sentence:

A collection of patents owned by a single entity, such as an individual or corporation is called ________.Choose the one phrase that best completes the above sentence:

Under the common law “________” doctrine, an employer who can show that an employee developed a patentable inventionon company time with company facilities and materials, will be treated as having an implied, irrevocable, non-assignable, non-exclusive, royalty-free license to use the employee’s invention.Choose the one phrase that best completes the above sentence:

After a utility model claimed in a patent application is published, any person may, with respect to the conditions set forth in Article31 applicable mutatis mutandis under Article 108 of Patent Act, apply to the TIPO for obtaining a/an ________.Choose the one phrase that best completes the above sentence:

What does “mutatis mutandis” mean in the previous question?

Tying the licensing of a product, technology, or process to the purchase of materials used in manufacturing the licensed productor to the license of another patent is prohibited. Recent changes to the law seem to indicate that some tying is allowed. Here“Tying” means:

“Misuse” means that the patent owner has overreached and tried to do more than legitimately is authorized by the patent monopoly.Until a patentee “purges” himself of the misuse, he cannot enforce the patent. Here “purges” means:

Secondary considerations, the “subtests” or the “objective tests”, of nonobviousness, are highly relevant, assuming a “nexus” tothe inventive characteristic is first established. Here “nexus” means:

In an independent claim, it states: “An automatic pencil sharpener comprising: a motor; a transmission device operatively coupledto the motor; a cutter assembly operatively coupled to the transmission device and being adapted to shave a front portion of apencil ……” Which of the following choices is the “transitional phrase” of the above-stated claim?

Mark has invented an electronic stethoscope and first files a patent application in Germany on July 15, 2009. If Mark files apatent application in Taiwan for the same invention on March 16, 2010, and if, upon filing the patent application in Taiwan,Mark claims priority, which will the date for examining the patent requirements in Taiwan be?

John and Jane jointly own an invention patent. Which of the following things may John do without the consent of Jane?

Which of the following defenses is not applicable in the patent infringement litigation in the R.O.C.?

Intel Corp. entered into cross license with Hewlett-Packard Company (HP) by which each party received a nonexclusive licenseto make, use, and sell any product covered by any of the licensed patents of the other party. Cyrix and ULSI, Intel competitors,thereafter contracted with HP to make for them microprocessors of their design. When Intel sued Cyrix and ULSI for infringementof Intel’s patents, they alleged their products were licensed because the products were made and sold by an authorized licensee.The courts agreed. The best explanation for courts’ decisions is:

An agreement in which a number of manufactures agree to an interchange of patent licenses among the members of the groupis often called:

In the event of an infringement on an invention patent, the patentee may not: