17 Article 26, para. 1 of Taiwan Patent Law provides, “The description shall fully disclose the invention in a manner clear and sufficient for it to be understood and carried out by a person ordinary skilled in the art.” Which requirement is contained in this provision?
(A) Enablement
(B) Inventive step
(C) Novelty
(D) Nonobviousness

13 X is among the least developed countries recognized by the United Nations. Since the bird flu has been spreading over the country over six months and the toll of death is astonishingly increasing. In order to import sufficient and affordable medicine to assuage the damage of the pandemic, X plans to negotiate with Taiwanese pharmacy company Y, and asks Y to apply for the compulsory licensing on Patent M registered in Taiwan that embodies the medicine B for treating the aforesaid bird flu. According to the Taiwan Patent Act, which of the following statements is appropriate? (A) Y is not entitled to request the compulsory licensing on Patent M since the bird flu is not the disease defined in Article 90 of Taiwan Patent Act. (B) Y is not entitled to request the compulsory licensing on Patent M since the provisions of the compulsory licensing are designed to mainly facilitate the demand in the domestic market. (C) Y is entitled to request the compulsory licensing on Patent M, provided that X could prove that it has insufficient or no manufacturing capacities in the pharmaceutical. (D) Y is not entitled to request the compulsory licensing on Patent M unless Y has made efforts to obtain authorization from the patentee concerned on reasonable commercial terms and conditions and such efforts have not been successful within a reasonable period of time.

14 Under which of the following occasions, the final notice of patent examination is in accord with Taiwan Patent Act? (A) The final note may be issued at any stage of patent examination. (B) The final note may be issued when the amendment made during the reexamination stage still entails grounds for unpatentability. (C) The final note may not be issued as soon as the applicant requests the reexamination according to Article 49 of Taiwan Patent Act. (D) The final note may not be issued as soon as the applicant requests the divisional application according to Article 34 of Taiwan Patent Act.

15 According to Taiwan Patent Act, on the aspects of patent prosecution or patent assertion, the utility model patent may be distinguished from the invention patent. Which of the following statements is true? (A) An application of utility model patent should be published by Taiwan Intellectual Property Office no latter than 18 months from the filing date. (B) After finding potential infringing activities, the patentee of the utility model patent is entitled to send the cease and desist letter to the suspected specific party, even though the patentee has not requested a technical evaluation report on the patent concerned. (C) The provisions on compulsory licensing are not applied mutatis mutandis to the utility model patents. (D) Subject to the filing date of the original application, an application of utility model patent may be converted to an application of invention patent. 

16 Which of the following statements is incorrect? (A) Where a patentee establishes multiple pledges on the same patent for the purpose of securing multiple creditors’ rights, the ranks of these pledges shall be determined according to the order of their recordation. (B) Where a patent right is jointly owned, all joint owners must consent in order to abandon the patent right. (C) Where a patent right is jointly owned, a joint owner may abandon his share only with the consent of all other joint owners. (D) Where a patent right has been pledged, the patentee may abandon the patent right only with the consent of the pledgee.

18 Which of the following is most likely to be granted an invention patent? (A) A mathematical algorism (B) A law of nature itself (C) The rules to play a game (D) A mechanism used to register the score of a game

19 According to Taiwan Patent Law, there are several circumstances under which Taiwan Intellectual Property Office may grant compulsory licensing of a patent. These grounds include: ①where a patented invention is to be exploited non-commercially for the enhancement of public interest; ②where a later invention or utility model patent cannot be exploited without infringing upon a prior invention or utility model patent, and where the later invention or utility model patent involves an important technical advancement of considerable economic significance in relation to the prior invention or utility model patent; or ③ where a patentee has committed acts restricting competition or has committed unfair competition acts, for which a judgment has been made by a court of law or a decision has been rendered by the Fair Trade Commission of the Executive Yuan. On what grounds shall a request for compulsory licensing of a patent involving semiconductor technology be based? (A)①or②only (B)②or③only (C)①or③only (D)①,②or③ 

20 According to Taiwan Patent Law, the term “the owner of the right to apply for a patent” shall mean an inventor, a utility model creator, a designer, or the assignee or successor thereof. Here the term “successor” means . (A) someone who is successful (B) someone who is a predecessor (C) a successful innovator (D) someone who succeeds to the rights of a former owner

21 According to the TRIPs, which of the following statements is incorrect? (A) Members may exclude inventions from patentability in order to protect order public or morality. (B) Members may exclude inventions from patentability whenever the exploitation is prohibited by their law. (C) Members may exclude inventions from patentability in order to avoid serious prejudice to the environment. (D) Members may exclude inventions from patentability in order to protect human, animal, plant life or health.

22 Which of the following remedies is often said to be constructed on the basis of a hypothetical negotiation? (A) permanent injunction (B) temporary restraining order (C) reasonable royalties (D) accounting of profits

23 Which description of patent rights is incorrect? (A) The patentee has the right to make, use, or sell the invention. (B) The patentee has the right to refrain from making, using, or selling the invention. (C) The patentee is obliged to exploit the invention. (D) At the expiration of the term of protection, the invention is automatically dedicated to the public.