9 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 “prejudice” means:
(A) utilize
(B) infringe
(C) reduce
(D) present

5 Which of the following is included within the purpose of enacting the R.O.C. Patent Act? I. To protect the creation of inventions, utility models and designs. II. To balance different interests for the common good of society. III. To encourage the creation of inventions, utility models and designs. (A) I and II only (B) I and III only (C) II and III only (D) I only

6 The purpose of Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) may not be ________ . (A) to reduce distortions and impediments to international trade (B) to promote effective and adequate protection of intellectual property rights (C) to ensure that intellectual property rights not become barriers to legitimate trade (D) to reduce affect of Most-Favoured-Nation Treatment

7 Which of the following statements about the “two-part form” claim is correct? (A) It may be used in the form of a dependent claim. (B) It recites all or some of the elements of a known article, process, composition, or combination in the preamble to the claim. (C) It shall refer to more than one other claim in the alternative only. (D) It shall be construed to incorporate by reference all the limitations of each of the particular claims in relation to which it is being considered.

8 For patent application, what does the term “estoppel” mean? (A) Exemption (B) Application (C) Preclusion (D) Jurisdiction

10 On the utility model patent, which of the following statements is true? (A) An applicant filing a patent application for invention and a patent application for utility model under the same invention on the same date shall make respective declarations in respect of the said applications. (B) A utility model patent may not be granted if it is contrary to public order or morality. (C) The term of a utility model patent will not expire until the end of twelve years after the patent application was made. (D) The utility model patent may be claimed on a specific technical process.

11 On the design patent, which of the following statements is not true? (A) The term of a design patent shall expire after a period of fifteen years from the filing date of the application. (B) A patent application for design shall indicate the article to which the design is applied. (C) A design patentee shall abandon his/her design patent right without consent from the licensee or pledgee. (D) The extent of the protection conferred by a design patent shall be determined by the drawing.-4

12 Under Article 97 of the R.O.C. Patent Act, the court of the R.O.C. may not calculate damages of patent infringement with________ . (A) the method as set forth in Article 216 of the Civil Code (B) awarding the damages greater than the loss suffered but not exceeding five times of the proven loss (C) the profit earned by the infringer as a result of patent infringement (D) the amount calculated on the basis of reasonable royalties that may be collected from exploiting the invention patent being licensed

13 According to the R.O.C. Patent Act, which of the following statements about depositing biological materials of filing patent applications for invention involving biological materials or utilization of biological materials is correct? (A) When filing patent applications for inventions concerning biological materials or utilization of biological materials, the applicants shall, no later than the filing date, make deposits of the biological materials with domestic depositories designated by the Taiwan Intellectual Property Office. (B) Applicants should, within six months after the filing dates of patent applications, submit to the Taiwan Intellectual Property Office certificates of deposit, indicating the depositories, dates of deposit and deposit numbers. (C) If the required documents are not submitted within the specified time period, the deposits should also be deemed to have been made. (D) No deposits are required even if the biological materials involved cannot be easily obtained by people ordinarily skilled in the art.

14 If the accused device or process does not fall within the literal construction of the claim, there may still be infringement under the________ . Choose the one that best completes the above sentence. (A) doctrine of estoppel (B) doctrine of limitations (C) doctrine of equivalents (D) first-to-file principle

15 According to the R.O.C Pharmaceutical Affairs Act, if the holder of a new drug permit deems it necessary to submit the patent information regarding such drug, such holder shall submit relevant documents and information to the Central Competent Health Authority within 45 days after the next day to the receipt of the drug permit. Which of the following is not a drug patent shall be filed? (A) Substance (B) Formulation (C) Composition (D) Intermediates