專業英文考古題｜歷屆國考試題彙整

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.

Unless otherwise provided for in the R.O.C. Patent Act, the patentee of an invention patent hastoprevent others from exploiting the invention without the patentee’s consent. (A)a dominant position (B)a dominant right (C)an inclusive right (D)an exclusive right

Under the R.O.C. Patent Act, where an invention patent is revoked finally and bindingly, the effectof patent right. (A)should be deemed not to have existed (B)may be deemed not to have existed (C)should become extinguished on the publication date of the invention patent (D)may become extinguished on the filing date of the invention patent|70650

Under the Paris Convention for the Protection of Industrial Property, patents granted in differentContracting States for the same invention. (A)are interdependent on each other (B)are independent of each other (C)are dependent on each other (D)interfere with each other

Under the R.O.C. Patent Act,should, within the scope of the license granted, exclude thepatentee and third parties from exploiting the patented invention. (A)an exclusive licensor (B)an exclusive licensee (C)a non-exclusive licensor (D)an inclusive licensee

An owner of patented invention may sell the invention, transferring all the exclusive rights of it toanother person or legal entity. When all these rights are transferred, it is said thatof suchrights has taken place. (A)the assignment (B)licensing (C)establishment of a pledge (D)entrusting

Under the Agreement on Trade-Related Aspects of Intellectual Property Rights, Members mayexclude from patentability inventions dangerous to human, animal or plant life or health or seriouslyprejudicial to the environment, because the inventions. (A)do not meet the requirement of industrial applicability (B)are contrary to ordre public or morality (C)do not meet the requirement of inventiveness (D)do not help achieve the goal of climate neutrality

Under the R.O.C. Patent Act, where an invalidation action against an invention patent is consideredwell grounded, the patent right should be. (A)granted (B)validated (C)revoked (D)valid

Under the R.O.C. Patent Act, where the inventor’sis infringed, the inventor may request fornecessary disposition(s) to have his/her name indicated or to restore the impaired reputation. (A)exclusive right to dispose as a whole (B)right to be restored as a whole (C)exclusive rights as such (D)right to be indicated as such

Under the Agreement on Trade-Related Aspects of Intellectual Property Rights, for the purposes ofcivil proceedings in respect of the infringement of the rights of the owner, if the subject matter of apatent is a process for obtaining a product, the judicial authorities should have the authority to ordertheto prove that the process to obtain an identical product is different from the patentedprocess. (A)defendant (B)plaintiff (C)claimant (D)Specific Patent Agency|70650

Under the R.O.C. Patent Act, the Specific Patent Agency should assign a patent examiner to conducttheof a patent application for invention. (A)substantive examination (B)substantial examination (C)authentic review (D)normative review

Under the provisions on, the Paris Convention for the Protection of Industrial Propertyprovides that, as regards the protection of industrial property, each Contracting State must grant thesame protection to nationals of other Contracting States that it grants to its own nationals. (A)most-favored national treatment (B)citizens’ treatment (C)most-favored-nation treatment (D)national treatment

Under the Agreement on Trade-Related Aspects of Intellectual Property Rights, Membersshouldthe provisions of this Agreement within their own legal system and practice. (A)be free to determine the appropriate method of implementing (B)follow the specific methods of implementing (C)on certain conditions follow the specific methods of implementing (D)not implement

Under the R.O.C. Patent Act, a claimed utility model should be patented if, after, there is noevent negating its patentability, and the claim(s) and the drawing(s) thereof shall be published. (A)familiarity test (B)formality examination (C)formula test (D)similarity examination

In accordance with the R.O.C. Patent Act, which one of following descriptions concerning “thepurposing of enacting the Patent Act” and “types of patents” is true? (A)The Patent Act is enacted to encourage the creations of invention, utility model and design topromote industrial development. (B)The Patent Act is enacted to maintain industrial ethics and order in competition. (C)An “artistic work” is classified into a type of the term “patent” described in the Patent Act. (D)A “musical work” is classified into a kind of the term “patent” referred to in the Patent Act.

Under the R.O.C. Patent Act, where the term of an invention patent has expired, the patent shouldbecome. (A)an extinguisher (B)non-existed (C)extinguished (D)distinguished

Under the R.O.C. Patent Act, in case an infringement of invention patent occurs due to intentionalact or negligence, the patentee may claim forsuffered therefrom. (A)property (B)damages (C)comprehension (D)complications|70650

Which of the following descriptions about “duty of staff members and patent examiners” under theR.O.C. Patent Act is true? (A)While serving in the Taiwan Intellectual Property Office, staff members shall receive any interestsrelated to such patent indirectly for succession. (B)Patent examiners of the Taiwan Intellectual Property Office are not required to keep confidentialany design of an applicant which have been possessed by them in the course of performing theirduties for interior uses. (C)Where, for a concerned patent case, the patent examiner’s spouse is the patentee, the patentexaminer requires to exclude himself or herself. (D)Where, for a concerned patent case, the patent examiner is currently related to the invalidationrequester by consanguinity within the ninth degree or by affinity within the eighth degree, thepatent examiner needs to exclude himself or herself.

According to the R.O.C. Patent Act, which one of the following statements about “patent application”is wrong? (A)If the delay has exceeded one year after expiration of the statutory time period caused by naturalcalamity or other causes not attributable to the applicant, an application for reinstatement shallnot be accepted. (B)Where an examination decision cannot be delivered, such decision shall be published in the PatentGazette and deemed to have been delivered thirty days after publication. (C)Application for patent and other relevant proceedings may be electronically processed. (D)The duration of relevant time periods shall include the beginning date thereof.

Which one of the following descriptions concerning “substantial applicable condition of novelty” inaccordance with the R.O.C. Patent Act is wrong? (A)The invention was exploited publicly before the filing of the patent application. (B)The invention was known publicly after the filing of the patent application. (C)Where an invention claimed in a patent application for invention is identical to an inventiondisclosed in the drawings of an earlier-filed patent application for invention published after thelater-filed patent application, an invention patent shall not be granted. (D)Where the later-filed applicant of invention claimed in a patent application for the identicaldisclosed drawings of an earlier-filed patent application for invention is also the applicant of anearlier-filed patent application, an invention patent shall be granted.|70650

Which of the following statements about a subject matter in the “statutory protection of utility modelpatent” in accordance with the R.O.C. Patent Act is true? (A)A utility model, which is contrary to morality or public order, shall not be granted a utility modelpatent. (B)Layout of integrated circuits and electronic circuits shall be granted a utility model patent. (C)Primary biological processes for the production of animals shall be granted a utility model patent. (D)The shape of an article solely dictated by its function shall be granted a utility model patent.

Which one of the following statements related to “priority claim” under the R.O.C. Patent Act iscorrect? (A)Where an applicant has first applied for a patent in a foreign state, any member of the WorldIntellectual Property Organization (WIPO), the applicant may claim priority in respect of anR.O.C. patent application for the same invention if the R.O.C. patent application for the sameinvention is filed within eighteen months after the filing date of the said first patent application. (B)Within six months after the earliest priority date, the applicant shall submit a certified copy of thefirst patent application issued by the member of the World Trade Organization (WTO). (C)An applicant filing a patent application based on an earlier patent application for utility model inthe R.O.C. may make a priority claim with respect to the utility model disclosed in thedescriptions, drawings, or claims submitted for the earlier patent application that has not beenpublished. (D)Priority claimed shall not be withdrawn upon an expiry of six months after the filing date of theearlier patent application.

Which of the following descriptions related to “importation of patented articles or devices” and“compulsory license” in accordance with the Paris Convention is wrong? (A)Importation by the patentee into the state where the patent has been granted of articlesmanufactured in any state of the Union for the Paris Convention shall entail forfeiture of thepatent. (B)No proceedings for revocation or the forfeiture of a patent may be instituted before the expirationof two years from the grant of the first compulsory license. (C)A compulsory license shall be non-exclusive and not be transferable, even in the form of the grantof a sub-license, except with that part of the enterprise or goodwill which exploits such license. (D)When a product is imported into a state of the Union for the Paris Convention where there existsa patent protecting a process of manufacture of the product, the patentee shall have all the rights,with regard to the imported product, that are accorded to him by the legislation of the importedstate, on the basis of the process patent, with respect to products manufactured in that state.|70650

According to the TRIPS Agreement, which one of the following statements about “patent rightsconferred” is wrong? (A)Where the subject matter of a patent is a product, third parties do not allow to make, use, offer forsale, sell, or import for these purposes that product without a patent owner’s consent. (B)Where the subject matter of a patent is a process, there are no restrictions to third parties using theprocess and no limitations to use, offer for sale, sell, or import for these purposes at least theproduct obtained directly by that process. (C)WTO members’ laws may consider the legitimate interests of third parties to provide limitedexceptions to the exclusive rights conferred by a patent, provided that such exceptions do notunreasonably conflict with an ordinary use of the patent and do not fairly prejudice the legitimateinterests of the patent owner. (D)Patent owners have the right to transfer, or assign by succession, the patent and to make licensingcontracts.

According to the Enforcement Rule of the Patent Act, which one of the following descriptions relatedto “the original or the certified copy” is correct? (A)Any documents of proof submitted pursuant to the Patent Act and Enforcement Rule of the PatentAct shall be the photocopy thereof. (B)With regard to the certified priority document for patent application, the parties involved maysubmit the photocopy instead even though the photocopy of the documents of proof is identicalto the original or the certified copy. (C)Where a photocopy of the documentary evidence is submitted as evidence of invalidation, it shallbe proved to be identical to the original or the certified copy thereof. (D)When the original or the certified copy of the documents of proof has been verified by the TaiwanIntellectual Property Office, it may be kept by the Taiwan Intellectual Property Office.

Which one of the following statements about “the description of a patent application for invention”and “deposit for a biological material” in accordance with the Enforcement Rule of the Patent Act iswrong? (A)The paragraphs of the description may be arranged with two consecutive Arabic numbers inseparate square brackets so that each of the paragraphs can be clearly identified. (B)The title of invention should concisely describe the contents of the claimed inventions; irrelevantwording is not permitted. (C)When a patent application for invention involves a biological material, where the biologicalmaterial concerned has been deposited, the description shall specify the depository, date ofdeposit, and deposit number. (D)Before the patent application filing, the biological material concerned has been deposited in aforeign depository recognized by the Taiwan Intellectual Property Office, the description shallalso specify the foreign depository, date of deposit, and deposit number.

Under the R.O.C. Patent Act, which of the following patent category requires the patentees to present thetechnical evaluation reports in order to warn the potential infringers? (A)Invention patent (B)Utility model patent (C)Design patent (D)Plant patent

Under the R.O.C. Patent Act, which of the following method is not stipulated for calculating damages? (A)The method set forth in Article 216 of the R.O.C. Civil Code (B)The profit earned by the infringer from patent infringement (C)The amount calculated on the basis of reasonable royalties (D)The statutory damages authorized by the R.O.C. Patent Act|70650

Under the R.O.C. Patent Act, which of the following patent category has primary protection on theornamental appearance and visual appeal of products? (A)Invention patent (B)Utility model patent (C)Design patent (D)Plant patent

According to the R.O.C. Patent Act, under what condition could the right to apply for a patent be assignedor abandoned while such right is jointly owned by two or more persons or entities? (A)Without any restriction (B)Consent of half joint owners (C)Consent of two-thirds of joint owners (D)Consent of all joint owners

Under the R.O.C. Patent Act, which of the following circumstance does not lead to the extinguishment ofa patent right? (A)The patent term has expired (B)The patentee has charged excessive royalties (C)The patentee has passed away without heirs (D)The patentee abandoned the patent

Under the R.O.C. Patent Act, which of the following subject could be granted a design patent? (A)The shape of an article solely dictated by its function (B)The layout of integrated circuits and electronic circuits (C)Fine arts (D)The graphic user interface applied to an article

Which of the following is not the requirement for patentability? (A)Novelty (B)Inventive step (C)Secrecy (D)Industrial applicability

is found where the accused subject matter falls precisely within the express boundaries of thepatent claim. (A)Doctrine of equivalents (B)Literal infringement (C)Unclean hands doctrine (D)Equitable estoppel

Which of the following cannot be used as a defense against patent infringement accusations? (A)Forum shopping (B)Implied license (C)Inequitable conduct (D)Patent exhaustion

Which of the following can be used as extrinsic evidence in claim interpretation? (A)Specification (B)Dictionaries (C)Patent claims (D)Prosecution history

Which of the following issue could possibly be argued in patent litigation while the claims employ wordsof degree, such as “close to,” “approximately,” “substantially equal,” or “closely approximate”? (A)Definiteness (B)Inventorship (C)Utility (D)Eligibility

Which of the following requirement mandates the patentee to disclose sufficient information in the patentapplication so that a skilled artisan would be able to practice the claimed invention without undueexperimentation? (A)Eligibility (B)Enablement (C)Estoppel (D)Essentiality

The court has the discretion to increase the damages up to three times the amount found or assessed. Theso-called “enhanced damages” are frequently awarded when the infringer acted in blatant disregard of thepatentee’s rights. This circumstance is termed. (A)Divided infringement (B)Inducing infringement (C)Contributory infringement (D)Willful infringement|70650

According to the R.O.C. Patent Act, which of the following statements is NOT correct? (A)The pledgee of the patent right shall not be allowed to exploit the right, unless the patentee confers theright. (B)The owner of the right to apply for a patent includes an inventor, a designer, and a pledgee. (C)The successor of the right to apply for a patent can transfer the right to the assignee. (D)The patent right can be transferred to an assignee after the patent application has been approved.

According to the R.O.C. Patent Act, which of the following statements is NOT correct? (A)A foreign applicant who is not the citizen of WTO members is unable to make a priority claim. (B)When the earlier patent application is a patent application for invention that has been published, itcannot be claimed as a priority case. (C)When the earlier patent application has been withdrawn, it cannot be claimed as a priority case. (D)For a patent application filed with priority, examination on its patentability shall be based on the prioritydate.

According to the R.O.C. Patent Act, which of the following statements is NOT correct? (A)Three inventions related to a single general inventive concept cannot be filed in one application. (B)A patent application that substantially contains two inventions may request by the applicant to bedivided into two divisional applications. (C)The filing date of the divisional patent application shall be the same as the filing date of the originalapplication. (D)The divisional patent application shall not extend beyond the scope of content disclosed in thedescription of the original patent application as filed.

According to the R.O.C. Patent Act, which of the following statements related to substantive examinationis NOT correct? (A)All kinds of patent applications have the procedures of substantive examination. (B)Any person may request for a substantive examination of a patent application for invention. (C)Design patent applications do not have to request for substantive examinations. (D)When a request for a substantive examination over a patent application for invention is more than threeyears, the application shall be deemed to have been withdrawn.

According to the R.O.C. Patent Act, which of the following statements related to utility model patents isNOT correct? (A)Any person may file a request for a technical evaluation report of a utility model patent. (B)A patent application for a utility model patent will undergo administrative examination and formalityexamination procedures. (C)A right holder of utility model patent may not send a warning letter to an accused patent infringerwithout the technical evaluation report to the utility model patent. (D)The technical evaluation report for exercising the rights to utility model patent shall be assumed tohave the patentability.|70650

According to the R.O.C. Patent Act, which of the following statements is NOT correct? (A)The claim may be made against a person who is fully aware that the patent application for inventionhas been laid open but continues to commercially exploit the invention prior to its publication. (B)If the patent certificate number is not marked on the patented article, the patentee cannot claim damagesfor the infringement. (C)An invention patent will be assigned a publication number eighteen months after the filing date. (D)If the patent certificate number cannot be fixed on the patented article, the patentee may make suchmarking on the labels or packaging.

According to the R.O.C. Patent Act, which of the following statements regarding to the patent invalidationis NOT correct? (A)The patent invalidation is a kind of public examination. (B)Whoever possesses legal interests due to the revocation of a patent may file an invalidation action afterthe said patent has become extinguished ipso facto. (C)The patentee shall provide a response within one month after having been served with a copy of therequest form from the Specific Patent Agency. (D)The revocation of an invention patent right shall become final and binding if no administrative remedyproceedings are filed.

Under the R.O.C. Patent Act, the right to apply for a patent cannot be the subject of. (A)Litigation (B)Assignment (C)Pledge (D)Inheritance

Under the R.O.C. Patent Act, which of the following circumstance does not limit the exclusive rights ofpatents? (A)Acts done privately and for non-commercial purposes (B)Necessary acts to exploit the invention for research or experimental purposes (C)Patentees not practicing or commercializing the invented technology (D)Vehicles merely passing through the territory of the country

Which of the following concept could best explain why business methods or computer software are oftenargued ineligible for patent protection? (A)Laws of nature (B)Natural phenomena (C)Abstract ideas (D)Morality criterion

Which of the following does not belong to “secondary considerations” in determining the non-obviousnessrequirement? (A)The failure of others to solve the problem addressed by the invention (B)The existence of a long-felt need for the invention (C)The research and development cost of the invention (D)The commercial success of the invention

In accordance with Article 24 of the R.O.C. Patent Act, which of the following is NOT listed in thestatutory exclusion from invention patents? (A)Processes for producing microorganisms (B)Diagnostic methods for treating animals (C)Therapeutic methods for treating humans (D)Inventions contrary to public order or morality

Under what circumstance should the R.O.C. Specific Patent Agency accept the patent applicationfiled by a foreign applicant? (A)If the foreign applicant’s home country is a contracting state to an international treaty for theprotection of the patent right to which the R.O.C. is not a contracting state. (B)If the foreign applicant’s home country concludes with the R.O.C. an agreement for nonreciprocalprotection of patent rights. (C)If there is a patent protection agreement concluded by and between organizations or institutionsof the R.O.C. and the foreign applicant’s home country and approved by the respective competentauthorities. (D)If the laws of the foreign applicant’s home country do not accept patent applications filed byR.O.C. nationals.|70650

Article 22, paragraph 1 of the R.O.C. Patent Act establishes conditions which, if all are present,establish a bar against the granting of a patent in this country. Which of the following is not one ofthe conditions established by this provision? (A)The invention was disclosed in a printed publication before the effective R.O.C. filing date. (B)The applicant filed the patent application one month after the invention was publicly exploited. (C)The invention was publicly known before the effective R.O.C. filing date. (D)The invention was disclosed by the applicant’s will in a printed publication before the effectiveR.O.C. filing date, and the applicant filed the patent application within twelve months after thedate of the aforementioned disclosure.

In accordance with the R.O.C. Patent Act, its enforcement rules and related regulations, the SpecificPatent Agency may reduce the patent annuity for patentee even if the patentee does not apply inwriting for reduction. Which of the following patentees should file an application for reduction of thepatent annuity? (A)Natural person with Taiwan nationality. (B)Foreign school. (C)Domestic school. (D)Natural person with foreign nationality.

In accordance with the R.O.C. Patent Act and its enforcement rules, which of the following is correct? (A)An dependent claim should state the designation of the subject matter as claimed and the essentialtechnical features of the invention that the applicant regards as his/her invention. (B)A dependent claim may only depend on the preceding dependent or independent claim(s).However, direct or indirect dependence is not allowed among multiple dependent claims. (C)The technical features of the claim(s) may refer to the corresponding reference sign(s) in thedrawing(s), and the reference sign(s) should follow the corresponding technical features and beplaced in parentheses; the reference sign(s) may serve to limit the interpretation of the claim(s). (D)The claim(s) may contain the chemical or mathematical formulae and drawing(s).

On Thursday, February 9, 2021, an applicant files an application for a design patent in Country X (amember of the World Trade Organization). In accordance with the R.O.C. Patent Act and itsenforcement rules, what is the last date that the applicant can file a R.O.C. design application if he(she) would like to claim priority? (A)February 9, 2022. (B)February 10, 2022. (C)August 9, 2021. (D)August 10, 2021.

In accordance with the R.O.C. Patent Act and its enforcement rules, for an application to receive afiling date in the Taiwan Intellectual Property Office, all of the following must be filed except: (A)The application form. (B)A description. (C)At least one claim. (D)An abstract.

In accordance with the R.O.C. Patent Act and its enforcement rules, claims in a patent applicationmay not contain: (A)Chemical formulas. (B)Drawings. (C)Mathematical equations. (D)Only one sentence.

In accordance with the R.O.C. Patent Act and its enforcement rules, an amendment filed after theapplicant received a final notice was allowed under the following circumstances, except : (A)Adding claim(s) for clarification. (B)Narrowing down the scope of claim(s). (C)Correcting errors. (D)Clarifying ambiguous statement(s).|70650

A patent application filed in the Taiwan Intellectual Property Office (TIPO) contains the followingdependent claim:“Claim 2. The method of Claim 1, further consisting of the step of cooling the mixture to atemperature of 32° F.”Following proper TIPO practices and procedures, from which of the following claims does Claim 2not properly depend? (A)Claim 1. Amethod of making liquid compound Aconsisting of the steps of mixing equal quantitiesof material C and material D in a beaker and heating the mixture to a temperature of 212° F. (B)Claim 1. A method of making liquid compound A comprising the steps of mixing equal quantitiesof material C and material D in a beaker and heating the mixture to a temperature of 212° F. (C)Claim 1. A method of making liquid compound A including the steps of mixing equal quantitiesof material C and material D in a beaker and heating the mixture to a temperature of 212° F. (D)Claim 1. A method of making liquid compound A characterized by the steps of mixing equalquantities of material C and material D in a beaker and heating the mixture to a temperature of212° F.

Peter and Amy, who are not related, are trapped on an uninhabited mountain. In order to signal forhelp, Peter invents a signaling device using bamboo shoots. Amy witnesses but does not assist in anyway in the development of the invention. The signaling device works and Amy was rescued only dueto the capacity of the helicopter. The bad weather conditions have prevented Peter’s rescue to date.Amy would like to file a patent application for the signaling device and ask for your advice. Whichof the following, in accordance with the R.O.C. Patent Act and its enforcement rules, is true? (A)Since Peter invented the invention, Amy cannot properly file an application for a patent in hername even though Peter is unavailable. (B)Amy should file an application in her name since she has witnessed the invention and knows howto make and use it. Subsequently, when Peter becomes available, the inventorship may be changedto the correct inventorship. (C)Since Peter is not available and cannot be reached, Amy may properly sign the declaration on hisbehalf since she has witnessed the invention and knows how to make and use it. (D)Even though Peter and Amy are not related, Amy may properly file an application on Peter’sbehalf.

Which of the following is the process by which a court determines the scope and meaning of a patent’sclaims and then determine whether a patent has been infringed? (A)Claim determination. (B)Claim preclusion. (C)Claim introduction. (D)Claim construction.

In the U.S. Supreme Court case, Graver Tank & Mfg. Co. v. Linde Air Prods., Inc., the court heldthat “a patentee may invoke this doctrine to proceed against the producer of a device ‘if it performssubstantially the same function in substantially the same way to obtain the same result.’” Which ofthe following is “this doctrine” referring to? (A)All elements rule. (B)The doctrine of equivalents. (C)TSM test. (D)The doctrine of exhaustion.|70650

The Patent Cooperation Treaty (PCT) makes it possible to seek patent protection for an inventionsimultaneously in each of a large number of countries by filing an “international” patent application.Which of the following is not the advantage of the procedure under the PCT for applicants, patentoffices and the general public? (A)Applicants have up to 12 months if they had not used the PCT to reflect on the desirability ofseeking protection in foreign countries, appoint local patent agents in each foreign country,prepare the necessary translations and pay national fees. (B)Applicants can rest assured that, if their international application is in the form prescribed by thePCT, it cannot be rejected on formal grounds by any designated office during the national phase. (C)The search and examination work of patent offices can be considerably reduced or eliminatedthanks to the international search report, the written opinion and, where applicable, theinternational preliminary report on patentability which are communicated to designated officestogether with the international application. (D)Since each international application is published with an international search report, third partiesare in a better position to formulate a well-founded opinion about the potential patentability of theclaimed invention.

Article 27 of the Agreement on Trade-Related Aspects of Intellectual Property Rights provided that“Members may also exclude from patentability:…(b) plants and animals other than micro-organisms,and essentially biological processes for the production of plants or animals other than non-biologicaland microbiological processes. However, Members shall provide for the protection of plant varietieseither by patents or by an effective sui generis system or by any combination thereof.…” What doesthe phrase “sui generis” mean? (A)Common. (B)Suitable. (C)General. (D)Unique.

Under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), memberscannot normally discriminate between their trading partners. Grant someone a special favor (such asa lower customs duty rate for one of their products) and you have to do the same for all other WTOmembers. Which of the following is known as the aforementioned principle? (A)Reciprocity. (B)Binding and enforceable commitments. (C)National Treatment. (D)Most-Favored-Nation Treatment.

Which of the following statements regarding compulsory licenses under Article 87 of the R.O.C.Patent Act is correct? (A)Request for compulsory licensing of a patent made pursuant to circumstances where a patentedinvention is to be exploited non-commercially for the enhancement of public interest does notrequire the requestor to have made efforts to obtain authorization from the right holder onreasonable commercial terms and conditions. (B)All compulsory licensing of a patent granted by the Specific Patent Agency requires the existenceof national emergency or other circumstances of extreme urgency. (C)Utility model patent is not subject to the provision of compulsory licensing. Therefore, it is notlegal to grant compulsory license of a utility model patent. (D)The ground for a request for compulsory licensing of a patent involving semiconductor technologyincludes circumstances where a patentee has committed acts restricting competition, for which adecision has been rendered by the Fair Trade Commission of the Executive Yuan.|70650

According to the Agreement on Trade-Related Aspects of Intellectual Property Rights, which of thefollowing statements is correct? (A)Patent protection should extend to expressions and not to ideas, procedures, or methods ofoperation as such. (B)Members must exclude the following from patentability: diagnostic, therapeutic and surgicalmethods for the treatment of humans or animals. (C)Members may exclude from patentability inventions, the prevention within their territory of thecommercial exploitation of which is necessary to protect morality, provided that such exclusionis not made merely because the exploitation is prohibited by their law. (D)The availability of patents and enjoyability of patent rights depend on the place of invention, thefield of technology and whether products are imported or locally produced.

Which of the following statements with regard to the exclusive patent licensing under the R.O.C.Patent Act is incorrect? (A)An exclusive license for a patent is valid only after it is recorded with the Specific Patent Agency. (B)An exclusive licensee has the power, within the scope of the license granted, to exclude the patenteeand third parties from exploiting the patented invention. (C)An exclusive licensee may sub-license a third party to exploit the licensed patent unless otherwiseagreed upon by contract. (D)An exclusive patent licensee may, within the licensed scope, demand a person who is likely toinfringe the patent right to prevent such infringement. However, if it is otherwise provided for inan agreement, such agreement should prevail.

Which of the following descriptions regarding the right to apply for a patent under the R.O.C. PatentAct is correct? (A)While the patent right is assignable and inheritable, the right to apply for a patent is strictlypersonal and not assignable or inheritable. (B)While the patent right can be taken as the subject of a pledge, the right to apply for a patent shouldnot be taken as the subject of a pledge. (C)Where a right to apply for a patent is jointly owned, the patent application related thereto couldbe filed by any joint owner independently. (D)Where an invention is made by an employee in the course of performing his/her duties, the rightto apply for a patent thereof should be vested in the employee; where there is an agreementproviding otherwise, such agreement should prevail.

Which of the following statements regarding patent exhaustion is incorrect? (A)The adoption of the exhaustion doctrine under the R.O.C. Patent Act is required by the Agreementon Trade-Related Aspects of Intellectual Property Rights. (B)Under the R.O.C. Patent Act, after the sale of a patented product made under consent of thepatentee, the patent right should not extend to the using of that particular product. (C)Under the R.O.C. Patent Act, the exhaustion of the patent right can be triggered by the sale of apatented product made by the patentee anywhere in the world. (D)Under the R.O.C. Patent Act, after the sale of a patented product made under consent of thepatentee, such patentee can not exercise his or her patent right to prevent the owner of thisparticular product from reselling it.|70650

Which of the following descriptions regarding patent application with foreign element under theR.O.C. Patent Act is correct? (A)Any foreign person who has no domicile or business establishment in the territory of the R.O.C.is not allowed to file an application for invention patent. (B)All patent applications filed by a foreign applicant must be accepted regardless of his or hernationality. (C)If a foreign applicant is a citizen of a non-member of the World Trade Organization (WTO) andwhose home country does not mutually recognize priority with the R.O.C., even if the applicanthas domicile or business establishment in any member of the WTO or in the territory of areciprocal country, the applicant is not entitled to claim priority in accordance with the provisionsset forth in Paragraph 1 of Article 28. (D)Where an applicant has first applied for a patent in a foreign country which is a member of theWTO, the applicant may claim priority in respect of an R.O.C. patent application for the sameinvention if the R.O.C. patent application for the same invention is filed within 12 months afterthe filing date of the said first patent application.

Which of the following descriptions regarding patent rights under the R.O.C. Patent Act is correct? (A)The inventor of the invention should enjoy patent right upon completion of the invention. (B)Unless otherwise provided for in the R.O.C. Patent Act, the patentee of an invention patentcovering a product has an exclusive right to prevent others from importing the product for thepurpose of offering for sale the product without the patentee’s consent. (C)The effects of an invention patent right should extend to acts done privately and for non-commercial purpose(s). (D)A patentee of an invention patent may not demand a person who infringes the patent right to stopsuch infringement unless the infringement of invention patent occurs due to intentional act ornegligence.

Which of the following statements regarding patent remedies under the R.O.C. Patent Act isincorrect? (A)The patentee can choose any one of the three available methods of calculation of damages underArticle 97, para. 1 of the R.O.C. Patent Act. (B)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. (C)The rights to claim for patent infringement damages should become extinguished if not exercisedwithin 2 years after the patent infringement takes place. (D)Where the patent infringement is found to be intentionally committed, the court may, upon requestand on the basis of the severity of the infringement, award the damages greater than the losssuffered but not exceeding 3 times of the proven loss.

When a claimed invention is rejected because it is anticipated, it means that: (A)The claimed invention is not novel. (B)The claimed invention is obvious. (C)The claimed invention is exhausted. (D)The claimed invention is indefinite.

Which of the following rights can be exercised by a non-exclusive licensee of an invention patent? (A)To sub-license a third party to exploit the licensed patent without the consent of the inventionpatentee or the exclusive licensee. (B)To exclude the patentee from exploiting the patented invention within the scope of the licensegranted. (C)To practice the licensed invention within the scope of the license granted. (D)To demand a person who infringes or is likely to infringe the patent right to stop or prevent suchinfringement.