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.

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

24 Which of the following is not a limitation on the application of the doctrine of equivalent? (A) file wrapper estoppel (B) dedication to the public rule (the disclosure-dedication rule) (C) prosecution history estoppel (D) the long-felt-but-unfulfilled-need doctrine

25 Which of the following is not a step for determining nonobviousness? (A) a survey of the scope and content of the prior art (B) identifying a specific utility (C) an examination of the differences between the invention and the prior art (D) a determination of the level of ordinary skill in the art

1 下列關於專利申請之敘述，何者正確？ (A)專利申請人申請專利及辦理有關專利事項，不得由專利申請人自行辦理之 (B)若在中華民國境內，無住所或營業所者，申請專利及辦理專利有關事項，應由專利申請人自行 辦理之 (C)專利代理人，除法令另有規定外，以專利師為限 (D)專利師之資格及管理，由律師法定之

2 下列關於發明申請專利範圍之敘述，何者錯誤？ (A)發明之申請專利範圍，得以一項以上之請求項表示 (B)發明之申請專利範圍，於必要時，得有一項以上之附屬項 (C)獨立項應敘明申請專利之標的名稱及申請人所認定之發明之必要技術特徵 (D)附屬項應敘明所依附之項號，並敘明標的名稱及所依附請求項外之技術特徵，其依附之項號並 應以阿拉伯數字為之

3 下列何者非申請發明專利說明書之應載明事項？ (A)發明名稱 (B)先前技術 (C)專利申請人之姓名 (D)實施方式

4 下列關於生物材料發明專利申請時寄存之敘述，何者錯誤？ (A)申請生物材料或利用生物材料之發明專利，申請人最遲應於申請日將該生物材料寄存於專利專 責機關指定之國內寄存機構 (B)生物材料為所屬技術領域中具有通常知識者易於獲得時，仍必須寄存 (C)申請人應於申請日後四個月內檢送寄存證明文件，並載明寄存機構、寄存日期及寄存號碼；屆 期未檢送者，視為未寄存 (D)申請人檢送寄存證明文件之期間，如依專利法規定主張優先權者，為最早之優先權日後十六個 月內