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

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.

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

16 According to the R.O.C. Patent Act, for purposes of assisting countries with insufficient or no manufacturing capacities in pharmaceutical sector to obtain pharmaceutical product(s) needed, the Specific Patent Agency may, upon request, grant a compulsory license to the requestor to exploit a patent concerned for the purpose of producing and importing pharmaceutical product(s) to these countries. Which of the following is not a qualified disease for applying compulsory licenses to the treatment? (A) HIV/AIDS (B) Tuberculosis (C) Diabetes (D) Malaria

17 According to the R.O.C. Patent Act, which of the following circumstances shall the effects of an invention patent right extend to? (A) Acts are exhibited at a non-commercial conference. (B) Necessary acts are made to exploit the invention for research. (C) Acts are done by a person who has been exploiting the invention or making all the necessary preparations for doing such act in this country before the filing date of the invention. However, the person has learned of the invention from the patent applicant for more than twelve months and the patent applicant has made a statement reserving his right to a patent being granted. (D) After the sale of a patented product made by the patentee or made under consent of the patentee overseas, a consumer uses or resells such product domestically.

18 According to the R.O.C. Patent Act, which of the following is a possible reason for obtaining patent term extension? (A) The issue of a patent is delayed by certain failures of the Specific Patent Agency to take timely action during the patent application’s pendency. (B) Exploitation of the invention patent involving an agrichemical needs regulatory approval in accordance with other laws and regulations. (C) Invention patentee has suffered loss as a result of civil commotion in the R.O.C. (D) Exploitation of the invention patent involving a medical device needs premarket regulatory review.

19 According to the R.O.C. Patent Act, which of the following is not an acceptable amendment after the Specific Patent Agency issues a final notice during the examination of a patent application? (A) To delete a claim (B) To narrow down the scope of a claim (C) To correct an error on description in English which was submitted pursuant to Paragraph 3 of Article 25 of the R.O.C. Patent Act (D) To clarify an ambiguous statement

20 Which type of patent protection is not provided in the R.O.C. Patent Act? (A) Industrial design (B) Plant variety (C) Microorganism (D) Biological processes for producing microorganism