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

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

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

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.

17 Which of the following statements with regard to patent licensing under the R.O.C. Patent Act is incorrect? (A) 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 contract. (B) An exclusive license for a patent is not valid until it is recorded with the Specific Patent Agency. (C) A non-exclusive licensee shall not be allowed to sub-license a third party to exploit the licensed patent without the consent of the invention patentee or the exclusive licensee. (D) An exclusive licensee shall, within the scope of the license granted, exclude the patentee and third parties from exploiting the patented invention.

18 Which of the following descriptions regarding the priority claim under the R.O.C. Patent Act is incorrect? (A) Where an applicant has first applied for a patent in any foreign country, the applicant may claim priority in respect of an R.O.C. patent application for the same invention if the R.O.C. patent application for the same invention is filed within twelve (12) months after the filing date of the said first patent application. (B) Where an applicant claims two or more priorities in respect of a patent application, the priority period shall be determined based on the earliest priority date. (C) For a patent application filed with priority, examination on its patentability shall be based on the priority date. (D) Where an applicant unintentionally fails to claim priority claim at the time of filing, the applicant may, within sixteen (16) months after the earliest priority date, apply for reinstatement of priority claim, pay the required fees and submit the required declarations.

19 Which of the following is not one of the non-obviousness inquiries? (A) The scope of the prior art. (B) The level of ordinary skill in the pertinent art. (C) The content of the prior art. (D) The differences between the patent at issue and the allegedly infringing product.

20 Which of the following statements regarding the right to apply for patent is correct? (A) Unlike the patent right itself, the right to apply for a patent is not assignable. (B) The right to apply for a patent shall not be taken as the subject of a pledge. (C) Where a fund provider appoints another party to conduct research and development, the ownership of the right to apply for a patent and the patent right in connection with the outcome of such research and development shall be vested in the fund provider. (D) 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.