7 Which of the following is not one of the inventive step inquiries?
(A) The scope of the prior art.
(B) The level of ordinary skill in the pertinent art.
(C) Differences between the prior art and the allegedly infringing product at issue.
(D) The content of the prior art.

3 Which of the following statements with regard to patent licensing under the R.O.C. Patent Act is correct? (A) An exclusive license for a patent is not valid until it is recorded with the Specific Patent Agency. (B) An exclusive licensee of a patent has the right to grant sub-license to a third party to exploit the licensed patent unless otherwise agreed by the parties. (C) An exclusive licensee does not have the right to exclude the patentee from exploiting the patented invention. (D) The sub-licensing contract granted by a non-exclusive licensee is not valid until it is recorded with the Specific Patent Agency. 

4 Which of the following statements regarding the right to apply for a patent is correct? (A) Unlike patent right itself, the right to apply for a patent is not inheritable. (B) If there is no agreement providing otherwise, where an invention is made by an employee in the course of performing his/her duties, the right to apply for a patent thereof shall be vested in the employee. (C) Where a right to apply for a patent is jointly owned, the patent application related thereto could be filed by each joint owner individually. (D) Where the right to apply for a patent is jointly owned, the right to apply for the patent shall not be assigned or abandoned without the consent of all joint owners.

5 According to Article 34 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, which of the following statements about “proof burden of process patents” is incorrect? (A) For the purposes of civil proceedings with respect to the infringement of the rights of the owner, if the subject matter of a patent is a process for obtaining a product, the judicial authorities shall have the authority to order the plaintiff to prove that the process to obtain an identical product is different from the patented process. (B) Any identical product when produced without the consent of the patent owner shall, in the absence of proof to the contrary, be deemed to have been obtained by the patented process if the product so obtained is new. (C) Any identical product when produced without the consent of the patent owner shall, in the absence of proof to the contrary, be deemed to have been obtained by the patented process if there is a substantial likelihood that the identical product was made by the process and the owner of the patent has been unable through reasonable efforts to determine the process actually used. (D) In the adduction of proof to the contrary, the legitimate interests of defendants in protecting their manufacturing and business secrets shall be considered.

6 According to Article 3 of the Patent Cooperation Treaty, which of the following statements about “the international application” is incorrect? (A) An international application shall contain a request, a description, one or more claims, one or more drawings, and an abstract. (B) The abstract serves the purpose of interpreting the scope of the protection sought. (C) The international application shall be in a prescribed language. (D) The international application shall comply with the prescribed requirement of unity of invention.

8 According to Article 37 of the R.O.C. Patent Act, which of the following statements about “early publication of patent application” is correct? (A) After receiving application documents and determining through examination that they conform to the stipulated formality requirements and contain no elements that may be deemed unsuitable for laying open, the Specific Patent Agency shall lay open the patent application for invention, twelve (12) months after its application. (B) The Specific Patent Agency may delay the laying-open of a patent application upon the request of the applicant. (C) If a patent application for invention is withdrawn within fifteen (15) months after its filing date, it shall not be laid open. (D) If a patent application for invention involves national defense secrets or any other secrets pertaining to national security, it shall be laid open.

9 Which of the following is not among the grounds for granting compulsory licenses under Article 87 of the R.O.C. Patent Act? (A) National emergency or other circumstances of extreme urgency. (B) Where a later invention patent cannot be exploited without infringing upon a prior invention patent, and where the later invention patent involves an important technical advancement of considerable economic significance in relation to the prior invention patent. (C) Where a patented invention is to be exploited non-commercially for the enhancement of public interest. (D) Where a patentee has committed acts restricting competition or has committed unfair competition acts, to be determined by the Specific Patent Agency.

10 Which of the following statements regarding patent remedies is correct? (A) A patentee of an invention patent may demand a person who infringes to stop only when it is proven that the infringement occurs due to intentional act or negligence. (B) A non-exclusive licensee may claim for damages in case an infringement of invention patent occurs due to intentional act or negligence. (C) The patentee can freely choose any one of the three available methods of calculation of damages under Article 97, para. 1 of the R.O.C. Patent Act. (D) The damages, if calculated based on the profit earned by the infringer as a result of patent infringement under Article 97, para. 1, sub-para. 2 of the R.O.C. Patent Act, the right to claim damages shall become extinguished if not exercised within fifteen (15) years after the patentee has become aware of the damages and the person liable for damages. 

11 ____________ may be a defense to patent infringement when an accused infringer proves that a patentee unreasonably and inexcusably delayed filing an infringement suit to the material prejudice of the accused infringer. (A) Patent misuse (B) Illegal conduct (C) Invalidity of the patent (D) Laches

12 According to Article 17 of the R.O.C. Patent Act, which of the following statements about “delay and reinstatement” is correct? (A) Where a person filing a patent application or undergoing other proceedings in connection with patent-related matters has failed to comply within a statutory or specified time period, the application filed or the proceeding initiated shall be accepted. (B) If the delay of not acting within a specified time period has been remedied before the dismissal decision is served by the Specific Patent Agency, such an application or proceeding shall be denied. (C) If the delay of a statutory time period is caused by natural calamities or other causes not attributable to the applicant, the applicant may, within thirty (30) days after cessation of such cause, file a written request with the Specific Patent Agency stating the causes for delay and requesting reinstatement. (D) An application for reinstatement shall be accepted if the delay has exceeded one (1) year after the expiration of the statutory time period.

13 According to Article 108 of the R.O.C. Patent Act, which of the following statements about “conversion of application for utility model” is correct? (A) When a patent application originally filed for invention is converted into a patent application for utility model, the filing date of the original patent application shall be deemed to be the filing date of the converted patent application. (B) A request for patent conversion shall be made after a written decision allowing the original patent application is served. (C) A request for patent conversion shall not be made if six (6) months have passed after the date on which a written decision rejecting the original patent application for invention or design is served. (D) A converted patent application shall extend beyond the scope of content disclosed in the description, claims, or drawings of the original patent application as filed.代號：70150 | 70650頁次：8－6