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

8 In accordance with the R.O.C. Patent Act and its enforcement rules, an amendment filed after the applicant 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).

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

10 Peter and Amy, who are not related, are trapped on an uninhabited mountain. In order to signal for help, Peter invents a signaling device using bamboo shoots. Amy witnesses but does not assist in any way in the development of the invention. The signaling device works and Amy was rescued only due to 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. Which of 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 her name even though Peter is unavailable. (B) Amy should file an application in her name since she has witnessed the invention and knows how to make and use it. Subsequently, when Peter becomes available, the inventorship may be changed to the correct inventorship. (C) Since Peter is not available and cannot be reached, Amy may properly sign the declaration on his behalf 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’s behalf.

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

13 The Patent Cooperation Treaty (PCT) makes it possible to seek patent protection for an invention simultaneously 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, patent offices and the general public? (A) Applicants have up to 12 months if they had not used the PCT to reflect on the desirability of seeking 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 the PCT, 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 eliminated thanks to the international search report, the written opinion and, where applicable, the international preliminary report on patentability which are communicated to designated offices together with the international application. (D) Since each international application is published with an international search report, third parties are in a better position to formulate a well-founded opinion about the potential patentability of the claimed invention.

14 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-biological and microbiological processes. However, Members shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof.…” What does the phrase “sui generis” mean? (A) Common. (B) Suitable. (C) General. (D) Unique.

15 Under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), members cannot normally discriminate between their trading partners. Grant someone a special favor (such as a lower customs duty rate for one of their products) and you have to do the same for all other WTO members. 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.

16 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 patented invention is to be exploited non-commercially for the enhancement of public interest does not require the requestor to have made efforts to obtain authorization from the right holder on reasonable commercial terms and conditions. (B) All compulsory licensing of a patent granted by the Specific Patent Agency requires the existence of national emergency or other circumstances of extreme urgency. (C) Utility model patent is not subject to the provision of compulsory licensing. Therefore, it is not legal to grant compulsory license of a utility model patent. (D) The ground for a request for compulsory licensing of a patent involving semiconductor technology includes circumstances where a patentee has committed acts restricting competition, for which a decision has been rendered by the Fair Trade Commission of the Executive Yuan.

17 According to the Agreement on Trade-Related Aspects of Intellectual Property Rights, which of the following statements is correct? (A) Patent protection should extend to expressions and not to ideas, procedures, or methods of operation as such. (B) Members must exclude the following from patentability: diagnostic, therapeutic and surgical methods for the treatment of humans or animals. (C) Members may exclude from patentability inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect morality, provided that such exclusion is 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, the field of technology and whether products are imported or locally produced.

18 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 patentee and third parties from exploiting the patented invention. (C) An exclusive licensee may sub-license a third party to exploit the licensed patent unless otherwise agreed upon by contract. (D) An exclusive patent licensee may, within the licensed scope, demand a person who is likely to infringe the patent right to prevent such infringement. However, if it is otherwise provided for in an agreement, such agreement should prevail.