| B | 1 Whoever invents any new, original and ornamental design ______ an article of manufacture may obtain a design patent. Choose the one word that best completes the above sentence: (A) combines (B) for (C) to (D) merges |
| D | 2 The application is rejected on the ______ of the ineligibility of the applicant. Choose the one word that best completes the above sentence: (A) behalf (B) favor (C) right (D) ground |
| D | 3 The broken lines depicting environmental structure are for illustrative purposes only and ______ no part of the claimed design. Choose the one word that best completes the above sentence: (A) contribute (B) condense (C) arrange (D) form |
| A | 4 The ______ of an invention patent right shall end with twenty years from the filing date of the patent application. Choose the one word that best completes the above sentence: (A) term (B) scope (C) precinct (D) sector |
| D | 5 A written decision of examination shall ______ the name of the patent examiner. Choose the one word that best completes the above sentence: (A) enchant (B) conceal (C) expunge (D) bear |
| B | 6 When the applicant employs a patent agent, a ______ shall be submitted to the Patent Authority to specify the extent of authorization by the applicant. Choose the one phrase that best completes the above sentence: (A) License to Practice (B) Power of Attorney (C) Certification of enrollment (D) Letter of Credit |
| A | 7 Upon receipt of a written petition for patent invalidation, the Patent Authority shall serve a duplicate to the patent owner of the patent challenged. “serve” means: (A) deliver (B) draft (C) constitute (D) amend （請接背面） 高 考試律 、 之 人 會計 、 會 作師 等 師 民間 公證 、 師 社 工 00150 ～ 97年專門職業及技術人員不動產估價師、 專利師考試暨普通考試地政士 考試試題 代號： 全一張 00650（背面） 等 別： 高等考試 類 科： 專利師 科 目： 專業英文 |
| B | 8 The revocation of an invention patent right shall become irrevocable when no administrative remedy has been sought in accordance with the patent act. Choose the one word that can substitute for “remedy”: (A) regulation (B) relief (C) regime (D) revolt |
| D | 9 A patent applicant may designate an agent to act on his behalf in filing patent applications. “designate” means: (A) define (B) decline (C) launch (D) appoint |
| B | 10 The right of compulsory licensing shall not exclude other persons from obtaining the right to practice the same patented invention. “exclude” means: (A) postlude (B) preclude (C) prelude (D) clued |
| A | 11 An abstract shall consist of a summary of the disclosure as contained in the patent application for invention or utility model. “disclosure” means: (A) revelation (B) revaluation (C) closure (D) console |
| B | 12 Monetary relief may be awarded against an infringer only if there has been commercial manufacture, use, offer to sell, or sale within the United States. “monetary” means: (A) mandatory (B) pecuniary (C) compulsory (D) optional |
| D | 13 In the absence of any agreement to the contrary, each of the joint owners of a patent may make, use, offer to sell, or sell the patented invention within the United States. “contrary” means: (A) above (B) acquiesce (C) assent (D) opposite |
| C | 14 In case of dissatisfaction with a rejection decision rendered for an invention patent application, the applicant may apply for re-examination. “rendered” means: (A) renounced (B) relinquished (C) delivered (D) reimbursed |
| A | 15 A third-party requester in an inter partes proceeding may appeal to the Board of Patent Appeals and Interferences from the final decision of the primary examiner. “inter partes” means: (A) among parties (B) from one party (C) third party (D) interest party |
| D | 16 Upon its determination, the court shall issue to the director its mandate and opinion, which shall be entered of record in the Patent and Trademark Office and shall govern the further proceedings in the case. “mandate” means: (A) suggestion (B) institution (C) proposal (D) order |
| C | 17 Patent attorney shall not solicit business by improper means. “solicit” means: (A) perform (B) delay (C) seek (D) endure |
| D | 18 The statute of incorporation of the Patent Attorneys Association shall contain the rules for enrollment. “enroll” which is derived from the word “enrollment” means: (A) organize (B) obey (C) expel (D) join |
| A | 19 Reprimand is one of the disciplinary actions that can be imposed on a patent attorney. “reprimand” means: (A) serious warning (B) suspension (C) expulsion (D) disbarment |
| C | 20 X Company, at its discretion, may disclose to Y Company any confidential information that X Company believes is sufficient to enable Y Company to manufacture the products that X Company wishes to purchase. “discretion” means: (A) guarantee (B) generosity (C) judgment (D) caution |
| D | 21 Although this Agreement does not contemplate disclosure for evaluation of proprietary information regarding Invitation B, the parties recognize that some of such information may be disclosed inadvertently during the performance of Invitation A under this Agreement. “inadvertently” means: (A) deliberately (B) inevitability (C) purposely (D) unintentionally |
| B | 22 If either party shall be in default of any obligation hereunder, or shall be adjudged bankrupt, or become insolvent, the other party may terminate this Agreement by giving twenty days’notice to the other party. “in default” means: (A) abide by (B) fail to perform (C) fulfill one’s obligation (D) timely comply |
| D | 23 An application may be expressly abandoned by filing a written declaration of abandonment identifying the application in the United States Patent and Trademark Office. “abandoned” means: (A) appeal (B) correct (C) demand (D) give up |
| C | 24 The act of consciously inventing and designing a new product that does not infringe the claims of a patent but does substantially the same or a better job than the patented invention is often called: (A) design dictum (B) emulate design (C) design around (D) design closet |
| B | 25 A “______” is a consortium of several companies agreeing to cross-license patent rights. (A) patent domination (B) patent pool (C) patent annuity (D) patent troll |
| 申論題 | You are a patent attorney licensed to practice in Taiwan, who provides professional services to
clients from all over the world. Company A, a U.S. industrial tape manufacturing company, would
like to retain you as its patent agent and its president, Mr. B, who knows little about patent, now seeks
your consultation as to whether to file a patent application for the company’s newly-invented product
“Security Tape”. 【題組】一、Please provide your opinions in English to Mr. B, your client, regarding the factors he should consider prior to the filing of a patent application.（20 分） |
| 申論題 | 【題組】二、Suppose your client has decided to seek patent protection in Taiwan, in order to file a patent application with the patent authority in Taiwan, the Intellectual Property Office of the Ministry of Economic Affairs, please advise Mr. B in English on how you are going to draft a patent application for its newly-invented product “Security Tape”.（15 分） |
| 申論題 | 【題組】三、You are informed by Mr. B that Company A f iled a patent application for the same newly-invented product “Security Tape” on March 22, 2008, in Japan. Please advise Mr. B in English as to the meaning and nature of “Right of Priority” and how it will affect Company A’s patent application in Taiwan.（15 分） |
| C | 1 According to Article 22, Subsection 3, of the Patent Act, an applicant claiming the application of the causes prescribed under Item 1 or 2 of Article 22, Subsection 2, meaning, claiming the ______ period, shall not only file the application within six months from the date of actual occurrences of the foregoing causes, but also indicate the occurrences and the relevant dates in his/her application and submit evidential documents within the time limit specified by the Taiwan Intellectual Property Office (TIPO). Choose the one word that best completes the above sentence: (A) exemption (B) protection (C) grace (D) waiver |
| D | 2 After the patent period runs out, the invention enters the public ______, which means that anyone can freely produce and sell the invention without paying the prior patent holder. Choose the one word that best completes the above sentence: (A) order (B) policy (C) interest (D) domain |
| B | 3 The grant or ______ of patents on micro-organisms is not likely to put an end to genetic research. Choose the one word that best completes the above sentence: (A) admission (B) denial (C) erasure (D) process |
| B | 4 The application for an invention patent shall be made by the person entitled to file the patent application by submitting to TIPO an application, a ______, and necessary drawings. Choose the one word that best completes the above sentence: (A) specialty (B) specification (C) study (D) registration |
| A | 5 A patent application can claim a conventional right of priority in the R.O.C., as long as the applicant is a citizen of a WTO member or the home country allows R.O.C. nationals to claim priority based on ______. Choose the one word that best completes the above sentence: (A) reciprocity (B) recognition (C) registration (D) reception |
| B | 6 While a scientific truth, or the mathematical ______ of it, is not a patentable invention, a novel and useful structure created with the aid of knowledge of scientific truth may be. Choose the one word that best completes the above sentence: (A) laptop (B) expression (C) materials (D) machinery |
| B | 7 The question before us in this case is a narrow one of statutory interpretation requiring us to construe Article 1 of the Patent Act. “construe” means: (A) construct (B) explain (C) evaluate (D) consider （請接背面） 律師、會計師、社會工作師 70150 全一張 |
| C | 98年專門職業及技術人員高等考試 不動產估價師、專利師 考試試題 ～ 代號： 70650 （背面） 類 科： 專利師 科 目： 專業英文 8 The Supreme Court reinforced the doctrine of patent exhaustion and affirmed its application to method patents in a recent case. “exhaustion” means: (A) excursion (B) usefulness (C) use-up (D) novelty |
| D | 9 Patent law has the goal of inducing inventors to reveal their discoveries. “reveal” means: (A) respect (B) revolutionize (C) reverse (D) disclose |
| A | 10 The Supreme Court had established that the test for infringement of a design patent is whether in the eye of an ordinary observer, giving such attention as a purchaser usually gives, two designs are substantially the same. “substantially” means: (A) essentially (B) rationally (C) supposedly (D) generally |
| D | 11 A plaintiff can ask the Court to examine the lost profit damages that ensue from an offer to sell an infringing product. “ensue” means: (A) ensure (B) preclude (C) distinguish (D) result |
| C | 12 What constitutes an abuse of patent under the Patent Act is not clear. “abuse” means: (A) infringement (B) curse (C) misuse (D) deception |
| C | 13 A positive result of a patent search does not predict with certainty whether an invention is or is not patentable but is used as a guide to whether further action is likely to be worthwhile. “predict” means: (A) translate (B) assess (C) forecast (D) determine |
| A | 14 The date when a patent is no longer valid in a country or system due to failure to pay renewal (maintenance) fees is called: (A) lapse (B) termination (C) expiration (D) suspension |
| B | 15 The “______” is a list of citations of all published prior art documents which are relevant to the patent application. (A) priority date (B) search report (C) patent pool (D) inventive step |
| C | 16 “______”, also known as “petty patents”, are available in Taiwan, R.O.C.. This type of patent involves a simpler inventive step than that in a traditional patent and it is valid for a shorter time period. (A) design patents (B) invention patents (C) utility model patents (D) new model patents |
| A | 17 A newsletter periodically printed by the Taiwan Intellectual Property Office (TIPO) that discusses rules and regulations and announces patents and trademarks issued is called: (A) Official Gazette (B) Official Report (C) Office Action (D) Office Brochure |
| D | 18 The abstract is an abridged summary of an invention to provide a general idea about the invention, and is utilized when searching patents. “abridged” means: (A) deprived (B) inferred (C) claimed (D) condensed |
| C | 19 A patent application may be amended to modify the claims, modify the specification, so long as new matter isn’t added, or to modify the drawings, again, so long as new matter is not added. “amended” means: (A) ratified (B) supplemented (C) corrected (D) ordered |
| A | 20 A Walker Process claim is a specific kind of defense to an infringement suit in which the defendant raises an antitrust issue related to fraud in procuring the patent in order to prevent the plaintiff from enforcing the patent. The word “claim” in “Walker Process claim” means: (A) assertion (B) complaint (C) demand (D) patent claim |
| A | 21 The discovery of music does not become patentable subject matter simply because there is an arbitrary claim to some structure. “arbitrary” means: (A) capricious (B) arbitral (C) illegal (D) suitable |
| C | 22 The difficulty in drawing a line between an idea, or principle of nature, and its embodiment became evident early in patent law’s history. Choose the one word that can best substitute for “embodiment”: (A) conclusion (B) finalization (C) incorporation (D) statement |
| B | 23 The debate over the propriety of patents in the field of medicines has not abated. “abated” means: (A) raised (B) decreased (C) carry off (D) negated |
| D | 24 The every element test: ______ under the Patent Act requires that the reference disclose every element of the applicant’s invention. Choose the one word that best completes the above sentence: (A) enablement (B) inherency (C) operability (D) anticipation |
| B | 25 “______” is a derogatory term for a patent holder who exploits the patent system in ways that are seen as unfair or unduly aggressive against one or more alleged infringers. (A) patent claim (B) patent troll (C) patent royalty (D) patent remedy |
| 申論題 | 申論題 【題組】一、Before 1873, bicycles did not have chains and the pedals were attached directly to the front wheel. The first bicycle with a chain was invented by H. J. Lawson. His bicycle was driven by a chain connected to the back wheel. This chain-driven bicycle was called the “safety bicycle” at that time. Please draft the abstract of the “safety bicycle” patent application in English.（20 分） |
| 申論題 | 【題組】二、Your client’s patent application has been rejected by the Taiwan Intellectual Property Office (TIPO), please advice her available administrative or judicial remedies in English.（20 分） |
| 申論題 | 【題組】三、Please translate the following paragraph into English:（10 分） 專利代理人對於下列案件，不得執行其業務： 一、本人或同一事務所之專利師或專利代理人，曾受委任人之相對人委任辦理同一案件。 二、曾在行政機關或法院任職期間處理之案件。 |
| D | 1 A ________ referred to in Article 25 of the Patent Act is a document containing the title of the invention, description of the invention, abstract of the invention, and scope of the claims. Choose the one word that best completes the above sentence: (A) instruction (B) manual (C) prospectus (D) specification |
| C | 2 A patent application is a request ________ at the Taiwan Intellectual Property Office (TIPO) for the grant of a patent described and claimed by that application. Choose the one word that best completes the above sentence: (A) during (B) expanding (C) pending (D) suspending |
| B | 3 In the case of taking patent right as the subject of a pledge, the ________ shall not be allowed to put the patent under pledge into practice, unless otherwise provided for as a covenant in an agreement. Choose the one word that best completes the above sentence: (A) pledgor (B) pledgee (C) obligee (D) creditor |
| C | 4 John is an employee of Smart Corp. and creates an invention in the performance of his job duties. The person ________ to apply 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: (A) embedded (B) enjoined (C) entitled (D) enriched |
| B | 5 Although ideas are ________ subject matter, the application of an idea is not. In fact, it is the distinction between the idea and its application that defines the area of patentability. Choose the one word that best completes the above sentence: (A) inaugural (B) ineligible (C) incisive (D) incentive |
| C | 6 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: (A) distinguished (B) expired (C) revoked (D) terminated |
| D | 7 The novelty provisions focus on certain events constituting ________ that may occur prior to invention and, if they do, prohibit patentability for lack of novelty. Choose the one word that best completes the above sentence: (A) possibility (B) dissipation (C) constellation (D) anticipation |
| A | 8 A person seeking to protect an invention idea should diligently ________ the idea to practice. Choose the one word that best completes the above sentence: (A) reduce (B) reject (C) reconcile (D) reiterate |
| A | 9 The non-obviousness requirement serves to establish the minimum level of innovation over the prior art that is necessary for obtaining 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: (A) inventive step (B) non-apparentness (C) novelty (D) uniqueness |
| C | 10 The novelty inquiry is into the entire prior art, whether or not applicable, pertinent, or analogous. All that matters is that somewhere in the prior art the invention may be ________ disclosed. Choose the one phrase that best completes the above sentence: (A) periodically possibly (B) extremely ironically (C) substantially identically (D) unduly faintly |
| A | 11 ________ 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) Design patents (B) Utility patents (C) Plant patents (D) Process patents |
| C | 12 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: (A) patent accumulation (B) patent pool (C) patent portfolio (D) patent troll |
| A | 13 Under the common law “________” doctrine, an employer who can show that an employee developed a patentable invention on 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: (A) shop right (B) beneficiary right (C) employment right (D) social right |
| D | 14 After a utility model claimed in a patent application is published, any person may, with respect to the conditions set forth in Article 31 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: (A) examination determination (B) examiner opinion (C) patent gazette (D) technical report |
| C | 15 What does “mutatis mutandis” mean in the previous question? (A) otherwise (B) same as (C) with the necessary changes having been carried out (D) without any changes |
| A | 16 Tying the licensing of a product, technology, or process to the purchase of materials used in manufacturing the licensed product or to the license of another patent is prohibited. Recent changes to the law seem to indicate that some tying is allowed. Here “Tying” means: (A) conditioning (B) adoring (C) debating (D) looking |
| B | 17 “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: (A) eradicate (B) exculpate (C) excrete (D) erode |
| A | 18 Secondary considerations, the “subtests” or the “objective tests”, of nonobviousness, are highly relevant, assuming a “nexus” to the inventive characteristic is first established. Here “nexus” means: (A) connection (B) congratulation (C) ratification (D) inhibition |
| B | 19 In an independent claim, it states: “An automatic pencil sharpener comprising: a motor; a transmission device operatively coupled to the motor; a cutter assembly operatively coupled to the transmission device and being adapted to shave a front portion of a pencil ……” Which of the following choices is the “transitional phrase” of the above-stated claim? (A) an automatic pencil sharpener (B) comprising (C) a motor (D) a transmission device |
| A | 20 Mark has invented an electronic stethoscope and first files a patent application in Germany on July 15, 2009. If Mark files a patent 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? (A) July 15, 2009. (B) July 16, 2009. (C) November 15, 2009. (D) March 16, 2010. |
| C | 21 John and Jane jointly own an invention patent. Which of the following things may John do without the consent of Jane? (A) Assign the patent to others. (B) License the patent to others. (C) Practice the patent by himself. (D) Use the patent as a pledge. |
| B | 22 Which of the following defenses is not applicable in the patent infringement litigation in the R.O.C.? (A) experimental use (B) laches (C) prior art (D) prior use |
| A | 23 Intel Corp. entered into cross license with Hewlett-Packard Company (HP) by which each party received a nonexclusive license to 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 infringement of 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: (A) patent exhaustion (B) patent infringement (C) patent invalidity (D) patent nondisclosure |
| C | 24 An agreement in which a number of manufactures agree to an interchange of patent licenses among the members of the group is often called: (A) patent litigation (B) patent trolling (C) patent pooling (D) patent infringement |
| A | 25 In the event of an infringement on an invention patent, the patentee may not: (A) claim for damages in an amount 10 times higher than the amount of damages estimated. (B) request a ruling for publishing in a newspaper the judgment in full or in part, at the expenses of the losing party. (C) request a ruling to indicate the inventor’s name. (D) request for destruction of the infringing products. |
| 申論題 | 一、Peter is an American who would like to file a patent application to our Intellectual Property Office, and he wonders whether he should apply for the invention patent or utility model (new model) patent. You are a patent attorney. How would you explain to him the distinction between the invention and utility model under our Patent Law?（20 分） |
| 申論題 | 二、Duke owns a patent which will not expire until 2020. For some reason, Duke decides to give up his patent right. How would Duke do so?（20 分） |
| 申論題 | 三、Under our Patent Law, is an applicant required to hire a patent agent to file patent application? Please explain.（10 分） |
| 申論題 | 【已刪除】一、Peter is an American who would like to file a patent application to our Intellectual Property Office, and he wonders whether he should apply for the invention patent or utility model (new model) patent. You are a patent attorney. How would you explain to him the distinction between the invention and utility model under our Patent Law?(20 分) |
| 申論題 | 【已刪除】二、Duke owns a patent which will not expire until 2020. For some reason, Duke decides to give up his patent right. How would Duke do so?(20 分) |
| 申論題 | 【已刪除】三、Under our Patent Law, is an applicant required to hire a patent agent to file patent application? Please explain.(10 分) |
| D | 1 Taiwan-based HTC Corp., now the world's fifth-largest maker of smart phones, said that it would appeal an initial ruling made by the U.S. International Trade Commission (ITC) that it has infringed two of ten patents held by Apple Inc. concerning portable electronic devices. In the above paragraph, the word “initial” means: (A)final (B)unfair (C)excessive (D)preliminary |
| A | 2 According to the TRIPS Agreement, Members may provide limited exceptions to the exclusive rights conferred by a patent, provided that such exceptions do not unreasonably conflict with a normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of the patent owner. In the above paragraph, the word “exploitation” means: (A) utilization (B) experimentation (C) escalation (D) inflation |
| A | 3 The claims define the property rights provided by a patent, and thus require careful scrutiny. In the above paragraph, the word “scrutiny” means: (A) examination (B) inattention (C) preparation (D) distraction |
| C | 4 Staff and patent examiners of the Patent Authority shall have the obligation to keep the confidentiality of the patent-related matters of any invention, utility model or design, or the trade secret of a patent application which has become known to or been held by them in the course of performing their duties. In the above paragraph, the word “confidentiality” means: (A) confident (B) efficiency (C) secrecy (D) proceeding |
| D | 5 In applying for patent right assignment registration, the original patentee or the assignee shall submit a request, the original Letters Patent and the patent right assignment agreement or other document(s) certifying such assignment. In the above paragraph, “Letters Patent” means: (A) patent application number (B) name of the invention (C) patent specification (D) patent certificate |
| C | 6 Since a design is manifested in appearance, the subject matter of a design patent application may relate to the or shape of an article, to the surface ornamentation or color applied to an article, or to the both. Choose the one word that best completes the above sentence: (A)collection (B)texture (C)configuration (D)function |
| D | 7 In the course of examining an invention patent application, the Patent Authority may, ex officio, notify a patent applicant to make a supplement or amendment to the specifications and/or drawings within a specified time limit. In the above paragraph, “ex officio” means: (A) free of charge (B) by oral communication (C) by request (D) by the power of the office |
| A | 8 The patent owner sent a ___________ letter to the accused infringer notifying the possible infringement and requesting that the recipient stop the infringing activity immediately. Choose the one word or phrase that best completes the above sentence: (A) cease and desist (B) recommendation (C) injunction (D) appraisal |
| B | 9 A ___________ is a two or three-dimensional layout or topography of an integrated circuit. Choose the one phrase that best completes the above sentence: (A) compilation work (B) mask work (C) original design (D) pseudonymous work |
| C | 10 According to the Paris Convention for the Protection of Industrial Property, which of the following is not within the scope of “Industrial Property”? (A) patent (B) trademark (C) copyright (D) appellation of origin |
| D | 11 According to the Patent Act, which of the following statement is incorrect? (A) The patentee of a reinvention shall not practice his/her patented invention without obtaining a prior consent from the patentee of the original invention. (B) When the inventor's right to indicate his/her name is infringed, he/she may request a ruling to indicate the inventor's name or otherwise to recover his/her reputation. (C) No utility model patent shall be granted to a utility model application which is detrimental to public order or public health. (D) An agreement concluded between an employer and an employee, by which the employee is precluded from enjoying his/her legitimate rights and interests in respect of his/her invention, utility model or design, shall be valid. |
| C | 12 According to the Patent Act, when a patentee is a natural person, school or a small and medium enterprise, which of the following fee may be reduced or exempted upon the patentee’s request? (A) the fee for request for a compulsory license. (B) the filing fee for a patent application (C) the patent annuity (D) the fee for request a reexamination |
| B | 13 According to the Patent Act, which of the following statement is incorrect? (A) An invention patent right shall extinguish in the case of expiry on the duration of a patent right. (B) An invention patent right shall extinguish in the case of death of the patentee whether with or without an heir. (C) An invention patent right shall extinguish in the case of the patentee's failure of effecting the payment of a patent annuity for the second year or any year thereafter within the grace period. (D) An invention patent right shall extinguish in the case of voluntary abandonment of a patent right. |
| C | 14 According to the Patent Act, which of the following statement regarding “right to apply for patent” is correct? (A) The “right to apply for patent” is not assignable. (B) The “right to apply for patent” is not inheritable. (C) The “right to apply for patent” shall not be taken as the subject for creation of a pledge. (D) Where the “right to apply for patent” is jointly owned by two or more persons, a joint-owner may, without the consent of the other joint-owners, assign his/her share therein to any third party. |
| D | 15 According to Item 6 of Subsection 1 of Article 57, Taiwan Patent Act, which of the following models is established to deal with the issue of parallel importation? (A) domestic exhaustion (B) regional exhaustion (C) national exhaustion (D) international exhaustion |
| A | 16 The inventions of business method are usually considered not within the patentable subject matters under patent law. Which of the following reasons is sufficient to support the aforesaid disqualification about patentability? (A) Business methods are merely abstract ideas. (B) Business methods must function with computer software. (C) Business methods contributed less to the industries than other technologies. (D) Business methods lack of tangible and concrete results. |
| B | 17 Which of the following evidentiary sources may be used as intrinsic evidence to construe the patent claims? (A) dictionaries (B) the prosecution history (C) technical treatises (D) other patent applications |
| D | 18 The requirement of enablement for patent is to facilitate a person having ordinary skill in the art to make and use the invention without ___________ . Choose one phrase that best completes the above sentence. (A) sufficient embodiments (B) prior art (C) public use (D) undue experimentation |
| B | 19 In the patent practice for chemical inventions, the structural similarity of chemical compounds between the invention and the prior art is usually considered ___________ for the determination of non-obviousness? Choose one phrase that best completes the above sentence. (A) equitable estoppel (B) prima facie evidence (C) an unexpected advantageous property (D) hindsight evident |
| D | 20 Whoever actively induces someone to infringe upon the patent shall be liable as the joint infringer according to Taiwanese patent law. “induces” means: (A) compels (B) begs (C) orders (D) influences |
| C | 21 The patent applicant in Taiwan is entitled to claiming the priority to have the retroactive benefit of the earlier foreign filing date, provided that the patent application of the same invention is filed in Taiwan within twelve months from the foreign filing date, according to Article 27 of Taiwan Patent Act. “retroactive” means: (A) recollected (B) reiterative (C) retrospective (D) relative |
| A | 22 The reasonable causation should be applied in the calculation of patent damages when the patentee seeks the remedy for infringement under the proviso, Item 1 of Subsection 1 of Article 85. “causation” means: (A) interconnection (B) caution (C) scope (D) result |
| A | 23 It constitutes literal infringement if the accused product includes all elements that are recited in the claim of the patent. “literal” means: (A) plain (B) figurative (C) true (D) tedious |
| B | 24 The jurisdiction of the Taiwan’s Intellectual Property Court does not include: (A) first instance of a civil action under related IP laws. (B) first instance of a criminal action under related IP laws. (C) appeal of a first instance court decision regarding IP civil action. (D) appeal of a first instance court decision regarding IP criminal action. |
| B | 25 John is the patentee of patent A, and granted his all exclusive rights to Ted by an exclusive licensing agreement. Which of the following statements is true? (A) After the aforesaid agreement is concluded, John may grant the same rights to Jenny as Ted’ through the non-exclusive licensing. (B) When Leo infringed upon patent A, Ted may take the legal action against Leo in his name without the consent of John. (C) Because John is the patentee of patent A, he is still entitled to execute the exclusive rights of patent A, even after the aforesaid the exclusive licensing agreement is concluded. (D) In accordance with Taiwanese patent law, Ted has no position to argue about the invalidity of patent A during the term of the exclusive licensing agreement. |
| 申論題 | 一、Mr. Lee conceived an invention about the touch screen device, and plans to file a patent application to Taiwan Intellectual Property Office. In order to enjoy the economic advantages for this invention, he would like to keep the patent application secret during the patent prosecution. If you were Mr. Lee’s patent consultant, what advice would you give for Mr. Lee’s idea about the secret application?（20 分） |
| 申論題 | 二、Mr. Liu has patent A about the tires for trucks, and is seeking the advice about the management of patent A. Although he has no plans to manufacture patented tires for marketing, he would like to have some rewards from patent A to compensate all costs he sunk into the innovation for patent A. If you were Mr. Lee’s patent consultant, what kinds of models would you recommend for the management of patent A?（20 分） |
| 申論題 | 三、Please explain briefly the functions of patent attorneys in Taiwan?（10 分） |
| B | 1 The purpose of patents is to stimulate innovation by rewarding people for new inventions. Which one of the following choices can be best substituted for the word “innovation”? (A) invincibility (B) creation (C) invasion (D) calmness |
| A | 2 International patent and knowledge licensing is the most critical form of technology transfer to third world development. Which one of the following choices can be best substituted for the word “critical”? (A) important (B) insignificant (C) impossible (D) presumptuous |
| A | 3 When the examiner inappropriately combined some components selected from the prior art to fit the parameters of the invention, such determination of nonobviousness would fall in to the hindsight bias. In the above paragraph, “bias” means: (A) prejudice (B) oblique (C) premonition (D) ground |
| C | 4 The preliminary injunction the plaintiff seeks in the case of patent infringement is an extraordinary remedy. Besides the consideration of public interest, the irreparable harms must be proved to justify the order of injunction. In the above paragraph, “irreparable” means: (A) inexplicable (B) inexorable (C) irrecoverable (D) irrebutable |
| B | 5 The ultimate aim of the TRIPS Agreement is to achieve the goal of harmonization over the substantive patent law under various jurisdictions, by the adoption of the minimum standards of protection. In the above paragraph, “harmonization” means: (A) unification (B) accordance (C) cooperation (D) assistance |
| C | 6 The elements of patentability do not include which of the following: (A) novelty (B) utility (C) portability (D) nonobviousness |
| D | 7 Which type of patent protection is not provided in the Patent Act of the United States? (A) utility patents (B) design patents (C) plant patents (D) working patents |
| D | 8 After the decision of eBay v. MercExchange handing down from the Supreme Court in the United States, to grant the permanent injunction the court must consider the “four factors” before making the decision. Which one of the following choices is not within the “four factors”? (A) likelihood of success on the merits (B) irreparable harm (C) public interest (D) paying sufficient bonds |
| B | 9 In the United States, even though the inventor was first to invent, he may be barred if he publicly uses or sells it outside the twelve month grace period. What is the term to describe the situation? (A) periodical bar (B) statutory bar (C) insufficient bar (D) incomplete bar |
| D | 10 Which one of the following treaties has no relationship with the patent protection? (A) Paris Convention (B) Patent Cooperation Treaty (C) Agreement on Trade-Related Intellectual Property Rights (D) Nice Agreement |
| C | 11 Which one of the following factors is most unlikely to be considered in a patent litigation in the United States? (A) Discovery Proceeding (B) Markman Hearing (C) Criminal Penalty (D) Permanent Injunction |
| A | 12 Which of the following reasons is not among the exceptions of the early publication of patent applications under Taiwanese patent law? (A) The patent application is protected by Taiwan Trade Secret Act as a subject matter of trade secret. (B) The patent applicant withdrew the patent application within 15 months after the application date. (C) The patent application is related to national defense secrets. (D) The patent application is against public orders or moralities. |
| C | 13 An invention patent application would be through the procedure of substantive examination prior to patent granting. Which of the following statements is true? (A) Within 18 months after the patent application, on request, the Intellectual Property Office should conduct a substantive examination over this application. (B) Owing to interest conflicting, only the competitors of the applicant are entitled to requesting the substantive examination over the patent application. (C) If no request for the substantive examination has been made in due time, the application is deemed to be withdrawn. (D) The substantive examination over the patent application should be requested after this application has been published according to Taiwanese patent law. |
| A | 14 A license under which the licensor grants the right to use a patent to licensee under the condition that the licensee agrees to grant the licensor a license with respect to any improvements to that patent made by the licensee is often called: (A) a grant back license (B) a grant forward license (C) an exclusive license (D) a sublicense |
| D | 15 Which one of the following descriptions related to the Intellectual Property Case Adjudication Act is incorrect? (A) The court should judge the validity of patent by itself in a patent litigation. (B) There has been the mechanism of Technical Examination officer in such legal infrastructure. (C) The design of confidentiality preservation order in the Act has the purpose to protect trade secrets. (D) Adding the criminal penalty to the invasion of trade secrets is one important character to the Act. |
| D | 16 One of the most controversial areas of customs law concerns “gray market goods”. What is the term to describe the importation of gray market goods? (A) vertical importation (B) random importation (C) cross importation (D) parallel importation |
| B | 17 The traditional American rule that each party bears its own attorneys’ fees is varied by statute in patent law. In an exceptional case, the prevailing party may be granted such fees. Which one of the following choices can be best substituted for the word “prevailing”? (A) losing (B) winning (C) coming (D) defending |
| B | 18 For the most part, patents are granted to inventors according to national law. Thus, patents represent _______ grants of exclusive rights. Fill in the blank with the best answer from the following choices. (A) collapsible (B) territorial (C) collateral (D) tiny |
| C | 19 The failure of an invention to meet with the requirement of novelty under patent law usually resulted from _______ of the prior art. (A) preemption (B) suggestion (C) anticipation (D) instruction |
| D | 20 A patent infringed may be determined by _______ when an accused product performed substantially the same function in substantially the same way to have the same result with what the patent did, provided that the manufacture of the accused product didn’t constitute literal infringement. (A) the compulsory licensing (B) the prior art defense (C) the all-element doctrine (D) the doctrine of equivalents |
| B | 21 On claim drafting, a patent applicant sometimes uses a term in a manner leading to an either more restrictive or expansive meaning than its ordinary construction. Such a phenomenon in the patent practice means that _______ may be followed to define patent claims. Choose the one phrase that best completes the above sentence. (A) the prosecution history (B) the inventor’s lexicography (C) the expert’s testimony (D) the prior art |
| A | 22 On determination of nonobviousness of a combination invention, the examiner is always concerned about _______, which means a combination of elements may produce a technological effect greater than that caused by the sum of those elements taken together. Choose the one word that best completes the above sentence. (A) synergism (B) inherency (C) collaboration (D) deposition |
| B | 23 _______ is an illustrative example of practice of an invention, included in a patent specification. Choose the one phrase that best completes the above sentence. (A) A claim (B) An embodiment (C) An abstract (D) A related application |
| D | 24 An official procedure starting from the patent application to the granting of patent is named as _______. Choose the one phrase that best completes the above sentence. (A) patent licensing (B) patent searching (C) patent filing (D) patent prosecution |
| C | 25 The requirement of _______ for patentability is to secure that the public is entitled to practice the invention according to a full and complete description of it in the specification, especially when the patent expires. Choose the one word that best completes the above sentence. (A) novelty (B) utility (C) enablement (D) nonobviousness |
| 申論題 | 一、You are a patent attorney retained by the ABC Pharmaceutical (“ABC”), a foreign
company, to file an invention patent application with the Intellectual Property Office for
protecting its improved medication in our country. 【題組】 ⑴Before you start filing, Mr. Doe, the CEO of ABC, wonders whether this improved medication is a non-statutory subject matter for an invention patent according to our Patent Act? Please provide your legal analysis in English with regard to this matter.（20 分） |
| 申論題 | 【題組】 ⑵Mr. Doe acknowledges that, due to the outbreak of SARS (severe acute respiratory syndrome) and H1N1 pandemics occurred several years ago, the R.O.C. became the first country to issue a compulsory licensing for Tamiflu, an imported medication used to treat the H1N1 virus. Mr. Doe wonders on what grounds can our government issue a compulsory licensing? Please provide your legal advice in English with regard to this matter.（20 分） |
| 申論題 | 二、Please translate the following provision into English.（10 分） 專利法規定，發明專利申請人對於申請案公開後，曾經以書面通知發明專利申請內
容，而於通知後公告前就該發明仍繼續為商業上實施之人，得於發明專利申請案公
告後，請求適當之補償金。
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