19 Under the R.O.C. Patent Act, which one of the following statements is not correct?
(A)The assigning on a patent right by the patentee shall have no locus standi against any third party unless it is recorded with Taiwan Intellectual Property Office.
(B)An exclusive patent licensee may, within the scope of the license granted, exclude the patentee from exploiting the patented invention.
(C)An exclusive patent licensee may sub-license a third party to exploit the licensed patent unless stipulated otherwise in the contract.
(D)An exclusive patent licensee does not have the right to file the patent infringement litigation and claim for damages, notwithstanding there has been an express grant to the exclusive licensee to exercise such rights in the licensing agreement.

1 Which of the following is (are) not patentable subject matter(s) for purpose of applying invention patent in the R.O.C.? I. a therapeutic method for the treatment of a dog. II. a transgenic dog. III. a non-essential biological process for the production of a dog. IV. a transgenic tulip. (A)II and IV only (B)I, II, and IV only   (C)II, III, and IV only(D) I only 

2 In the R.O.C.____, dissatisfied with a decision of rejection may provide reason(s) to request a reexamination within two (2) months after the date on which the decision of rejection is served. And, if the patent application(s) is (are) not accepted or dismissed for formality defects or on the ground of ineligibility of the applicant, the applicant may directly file administrative remedy actions. I. An invention patent applicant II. An utility model patent applicant III. A design patent applicant (A)I and II only (B)I and III only (C)  II and III only  (D)I only

3 In the R.O.C., 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____ . (A)filing of the application(B) licensing of the patent  (C)recordation of the pledges  (D)disclosure of the application

4 Where an applicant has first applied for a patent in a foreign country, which reciprocally allows R.O.C. nationals to claim patent priority, or with any member of the World Trade Organization (WTO), 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. And, the period of twelve (12) months prescribed is calculated ____from of first patent application to the filing date of the R.O.C. patent application. (A)the day following the filing date(B) the filing date  (C)the day following the priority date (D) the priority date

5 Based on the principle of ne bis in idem set forth in the R.O.C. Patent Act, under which of the following circumstances, a person shall not be allowed to separately file an invalidation action against the same patent based on the same facts and evidence? I. where another invalidation action has been filed based on the same facts and evidence and considered groundless by a decision. II. In an administrative action concerning revocation of a patent, where the Intellectual Property Court has taken into account the new evidence submitted on the same grounds for the revocation prior to the end of the oral argument, and considered groundless by a judgment. III. where administrative remedy proceedings are filed but dismissed finally and bindingly. (A)I and II only (B)II and III only (C) I a  nd III only(D) I only 

6 In accordance with the Enforcement Rules of the R.O.C. Patent Act, the____ shall mean the technical feature(s) which define(s) a contribution which each of the claimed inventions, considered as a whole, makes over the prior art. (A)single general inventive concept(B) special technical features  (C)inventive steps (D)  novelty

7 In the R.O.C., which of the following circumstances may any person request for an invalidation action against an invention patent? I. where the home country of the patentee does not accept the patent applications filed by R.O.C. nationals II. where the invention patentee is not the owner of the right to apply for an invention patent. III. where a right to apply for a patent is jointly owned, the patent application related thereto is not filed by all the joint owner(s). IV. where an applicant files a patent application for invention and a patent application for utility model for the same creation on the same date, but fails to make a declarations. (A)I only  (B) I and II only(C)I, II and III only (D)I and IV only 

8 In the R.O.C., which of the following circumstances may any person, together with document(s) of proof, file an invalidation action of the granted patent term extension to the Intellectual Property Office? I. where a right to apply for a patent is jointly owned, the patent application related thereto is not filed by all the joint owner(s). II. where it is unnecessary to obtain the regulatory approval to exploit the invention patent concerned. III. where the granted term of extension exceeds the period during which the patent cannot be exploited. IV. where the requester of the patent term extension is not the patentee. (A)I and II only(B)  III and IV only (C) I, II and III only  (D)II, III and IV only

9 In accordance with the Enforcement Rules of R.O.C. Patent Act, which of the following is not correct? (A)where the design is three-dimensional, the drawing(s) shall contain a perspective view (B)where the design is applied to a boundless plane in form, the drawing(s) shall contain an element view (C)when scaled down to two-thirds, all the details disclosed in each drawing shall still be clearly distinguished (D)a drawing annotated as a reference view shall be serve to interpret the scope of the design patent

10 Which of the following statements about the “multiple dependent claim” is (are) correct? I. it shall refer to more than one other claim in the alternative only. II. it may be serve as a basis for any other multiple dependent claim. III. it shall be construed to incorporate by reference all the limitations of each of the particular claims in relation to which it is being considered. (A)I only(B)  I and II only (C)  I and III only(D)II and III only 

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