4 The person with ordinary skill in the art (PHOSITA) is a legal fiction in patent law, who is presumed to be a skilled practitioner in the relevant field of technology and to have had access to everything in the prior art. Which of the following is not within the functions of PHOSITA affirmed by patent law?
(A) claim construction
(B) damages calculation
(C) determination of inventive step
(D) determination of enablement

25 TRIPs 協定に定められている工業製品の外観デザインに係わる権利の保護期間は、少なくとも 出願日より何年か。 (A)各会員国がそれぞれ決定する (B) 15 年 (C) 12 年 (D) 10 年

1 Damages by the theory of______ may be measured as the difference between the patentee’s pecuniary condition after the infringement, and what its condition would have been if the infringement had not occurred. (A) reasonable royalty (B) infringer’s profit (C) lost profit (D) compulsory licensing

2 As the inventor’s lexicography, ______sometimes may reveal a special definition given to a claim term by the patentee that differs from the meaning it would otherwise possess. (A) the dictionary (B) the specification (C) the learned treatise (D) the inventor testimony

3 Under the identical invention, there are two patent applications filed by the different inventors at different time. Lack of ______may be assumed about the later patent application, provided that the earlier patent application was published after the filing date of the later patent application. (A) novelty (B) utility (C) inventive step (D) enablement

5 X conceived an invention about the improvement of air duct of a hair dryer. Y didn’t contribute to the aforesaid conception but served as an assistant for X’s administrative affairs. On May 5, 2018, without X’s consent, Y sold the aforesaid conception on the hair dryer to Z for manufacture and marketing of the hair dryers embedded with the aforesaid conception. The aforesaid hair dryers made by Z were put on the market on May 20, 2018. On July 5, 2018, X filed a patent application for the aforesaid conception with Taiwan Intellectual Property Office (TIPO). Unexpectedly, it was found that W actually has filed another patent application in accordance with the identical conception that came from W’s independent invention, on June 5, 2018, and requested the publication on June 20, 2018. If you were an examiner employed by TIPO, which of the following statements is in accord with Taiwan Patent Act? (A) X and Y are the joint inventors on the aforesaid invention. (B) The novel requirement of X’s patent application may be satisfied since the filing is within the grace period under Article 22 of Taiwan Patent Act. (C) The novel requirement of X’s patent application may be satisfied since X may enjoy the interest of priority to deem the filing date as May 5, 2018. (D) The novel requirement of X’s patent application may be failed since W has filed and published the patent application, based upon the same invention, respectively, on June 5 and 20, 2018.

6 A Means-Plus-Function claim indicates a limitation in a claim for a combination may be expressed as a means for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. If there is no corresponding structure disclosed in the specification, the limitation should be deemed as failure of requirement of . (A) enablement (B) inventive step (C) novelty (D) indefiniteness

7 Which of the following is qualified as subject matter of a patent in accordance to Taiwan Patent Act? (A) The microbiological process. (B) The method for treatment of the animal body by surgery practiced on the animal body. (C) The simple discovery of the sequence or partial sequence of a gene about the human. (D) The business method.

8 In regard to the grant of the exclusive licensing about the patent, which of the following statements is true? (A) Under the exclusive licensing, within the licensed field of use, the licensor is entitled to practice the claims without a need to seek permission from the licensee. (B) The licensee under the exclusive licensing has no standing under patent law to take an action against the infringer, provided that the infringement occurred relates to the licensed field of use. (C) The registration with Taiwan Intellectual Property Office is necessary under patent law to validate the exclusive licensing. (D) Unless otherwise stipulated by the agreement, the licensee under the exclusive licensing is entitled to sublicense its original licensed scope to the third party without the consent of the licensor according to patent law.

9 More extensive protection on patent rights than what the TRIPs Agreement has provided is often found in many bilateral or multilateral intellectual property treaties under the WTO system. The phenomena is called as “TRIPs Plus”. What principle admitted by the TRIPs Agreement is the authority to support and justify “TRIPs Plus”? (A) The principle of national treatment (B) The principle of minimum standards (C) The principle of the most-favoured-national treatment (D) The principle of technological “non-discrimination” 

10 Like other jurisdictions, the post-grant amendment of invention patent is admitted by Taiwan Patent Act. Which of the following statements is true? (A) The litigation of the patent concerned about infringement won’t influence the request to amend such patent by the patentee in front of Taiwan Intellectual Property Office. (B) The post-grant amendment may be done in such a way to enlarge the scope of the claims of the original patent within two years from the grant of the original patent. (C) The post-grant amendment of a patent shall take effect upon the date of approval of the amendment request. (D) The new matters may be introduced to the request of the post-grant amendment of a patent.