10 Article 72 of the R.O.C. Patent Act states that where the interested party possesses recoverable legal interests due to the revocation of a patent, such interested party may file an invalidation action after the 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

6 Article 70 of the Intellectual Property Case Adjudication Act states that in an administrative action concerning revocation of a patent right, the Intellectual Property and Commercial Court shall take into account any new evidence submitted on the same grounds for the revocation prior to the end of the oral argument, and the competent intellectual property authority shall provide written briefs in response to the new evidence in the preceding paragraph, indicating whether arguments provided by the 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

7 Which of the following WIPO administrative treaties regulates the international classification for industrial designs? (A) Locarno Agreement (B) Nice Agreement (C) Strasbourg Agreement (D) Vienna Agreement

8 To provide patent applicants with more comprehensive and flexible options for utilizing invention and design patents, thereby supporting enterprises in patent portfolio management and commercialization, starting January 1, 2025, the Taiwan Intellectual Property Office implemented the “Directions for Deferral of Substantive Examination of Invention and Design Patent Applications”. Deferral means： (A) Postponed (B) Speed up (C) Simplify (D) Different

9 According to the R.O.C. Patent Act, which of the following statements regarding patent invalidation action is incorrect? (A) Where a patent contains more than one claim, an invalidation action may be filed against parts of the 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 Intellectual Property 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 be deemed non-existent ab initio.

11 “ABC Company (LICENSOR) will defend any claim, suit, or proceeding brought against XYZ Company (LICENSEE) and will pay any damages or court costs finally awarded against XYZ Company, 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 the distribution or use thereof in accordance with this Agreement, infringes any patent right of unrelated third party provided that XYZ Company promptly notifies ABC Company of such claim, suit, or proceeding…” The above clause is generally referred to as: (A) Integration clause (B) Indemnification clause (C) Litigation clause (D) Notice clause

12 A _______ is an agreement where a patent holder agrees not to seek to enforce its patent or other intellectual property rights against another party or parties, sometimes used as patent infringement settlement agreements that are drafted with the purpose of preemptively resolving present and future infringement disputes. (A) nolo contendere agreement (B) non-compete agreement (C) non-assertion agreement (D) non-binding agreement

13 Article 9 of R.O.C. Patent Act states that an agreement concluded between an employer and an employee based on which the employee is precluded from enjoying legitimate rights and interests in respect of his/her invention, utility model, or design, shall be void. Void is synonymous with: (A) Null (B) Valid (C) Rescindable (D) Viable

14 “If after the Effective Date of this Agreement, ABC Company (LICENSOR) grants to any other third party, 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 under this Agreement, ABC Company shall promptly notify XYZ Company of said more favorable royalty rates, and XYZ Company shall have the right and option to substitute such more favorable royalty rates 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

15 An invention may be granted a patent upon application, except for the invention was publicly known prior to the filing of the patent application. Which requirement for patent is contained in this description? (A) Patentable subject matter (B) Inventive step (C) Enablement (D) Novelty

16 According to the Agreement on Trade-related Aspects of Intellectual Property Rights, which of the following statements is incorrect? (A) Members shall provide for the protection of independently created industrial designs that are new or 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 exclusive right 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, 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, taking account of the legitimate interests of third parties. (D) The term of protection available shall not end before the expiration of a period of twenty years counted from the filing date.