6 WTO Members shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof. “sui generis”means:
(A)superior
(B)unique
(C)inferior
(D)powerful

2 The derivative design patent is currently authorized by the Taiwan Patent Act. Which of the following statements about the derivative design patent is not appropriate? (A)The application date of a derivative design patent may be subsequent to that of the original design patent. (B)The publication of the original design patent is not relevant to the application date of the derivative design patent. (C)The term of a derivative design patent is dependent upon that of the original design patent. (D)The exclusive rights about a derivative design patent may be independently asserted by the patent without considering the original design patent.

3 If the Taiwan Patent Act were added a provision stating the term of a patent owned by a foreigner is 10 years after the patent application was made, what rule such the provision would have violated under the TRIPS Agreement? (A)Reciprocity (B)The Most-Favored-Nation Treatment (C)National Treatment (D)Technology Neutrality

4 On the technical evaluation report of a utility model patent, which of the following statements is true? (A)The application of the technical evaluation report will be rejected provided that the related utility model patent expired. (B)Without the technical evaluation report, the patentee can’t assert the exclusive rights against the infringers. (C)The competitor in the market may apply for the technical evaluation report when the related patent application has been published. (D)The patentee may warn others of any potential infringing act even though the technical evaluation report is not simultaneously presented.

5 A filed a patent application on the invention X in U.S. on January 1, 2014. For the purpose of the international patent strategy, A is also filing a patent application of the same invention in Taiwan on November 1, 2014. But A found that B has filed the same invention in Taiwan earlier than November 1, 2014. In order to secure the novelty requirement of A’s application on the invention X in Taiwan, A should follow the Taiwan Patent Act to ____ about the patent application in Taiwan. Choose the one sentence that best completes the above sentence. (A)request an earlier publication (B)claim the international priority (C)request a substantive examination (D)amend the claims

7 A was employed by B to develop a new touch-screen device. Without the consent of B, A has filed the patent application and is granted a patent about the invented device after A conceived a touch-screen device X running a special function the traditional devices were never embedded with. Which of the following statements is appropriate under the Taiwan Patent Act? (A)While A enjoys the inventorship of X, B is entitled to the statutory license about X. (B)B may request an invalidation action against A at the Taiwan Intellectual Property Office to restore B’s legal status about the patent according to Article 35 of the Taiwan Patent Act. (C)A and B both enjoy the joint inventorship about X. (D)While B enjoys the inventorship of X, A is entitled to the statutory license about X.

8 ____ may be adopted as a defense against any infringement of patented pharmaceuticals made for the related research and trials to pursue the market approval of drugs under the Pharmaceutical Affairs Act. Choose the one phrase that best completes the above sentence. (A)The exhaustion doctrine (B)The experimental exemption (C)The prior user right (D)The compulsory license

9 On the remedy of paragraph one of Article 96 under the Taiwan Patent Act that equips the patentee to stop from the continuous status of the patent infringement, which of the following terms is best fit for the aforesaid remedy? (A)The permanent injunction (B)The damages (C)The preliminary injunction (D)The border control

10 Based upon the jurisprudence of estoppel, any person can’t request another invalidation proceeding against a patent again in accordance with the same evidence under the same fact provided that such the evidence has been raised in the prior invalidation proceeding and been denied as a ground to invalidate the patent before the Taiwan Intellectual Property Office. In the above paragraph, “estoppel” means: (A)jurisdiction (B)preclusion (C)injunction (D)confiscation

11 Under the same creation, A plans to file the application of the invention patent and the application of the utility model patent at same date. Which of the following statements about the aforesaid applications is true? (A)A merely chooses either the application of the invention patent or the application of the utility model patent for further prosecution procedures at the filing date. (B)The application of the invention patent will be automatically withdrawn provided that the utility model patent has been granted prior to the approval decision about the application of the invention patent made by the Taiwan Intellectual Property Office. (C)If the utility model patent was finally revoked through the invalidation proceeding, the application of the invention patent will be rejected according to Article 32 of the Taiwan Patent Act. (D)Someone infringed the utility model patent which has been granted prior to the approval decision about the application of the invention patent. The patentee is entitled to the remedies against such the infringement, other than the compensation about the exploitation of the creation during the publication of the patent application according to Article 41 of the Taiwan Patent Act.

12 According to the Taiwan Patent Act, which of the following statements is incorrect? (A)Any person may file an invalidation action of the granted patent term extension to the Intellectual Property Office. (B)Any person may request for an invalidation action against an invention patent when the invention patentee is not the owner of the right to apply for the invention patent. (C)Any person within three years after the filing date of a patent application for invention may make a request with the Intellectual Property Office for substantive examination of the patent application. (D)After a patent application for utility model is published, any person may file a request with the Intellectual Property Office for a technical evaluation report of utility model patent.