7 According to the R.O.C. Patent Act, which of the following statements regarding patent infringement is not correct?
(A) A patentee of an invention patent may demand a person who infringes or is likely to infringe the patent right to stop or prevent such infringement.
(B) A non-exclusive licensee may, within the licensed scope, make demands against patent infringement in accordance with the Patent Act.
(C) Where the infringement is found to be intentionally committed, the court may, upon request and on the basis of the severity of the infringement, award the damages greater than the loss suffered but not exceeding three (3) times of the proven loss.
(D) A patentee may request Customs to detain the imported articles that are suspected of infringing the patent right(s).

3 According to the R.O.C. Patent Act, Customs shall repeal the detention of the imported articles that are suspected of infringing the patent right(s) in case of certain situation(s). Which of the following is not included? (A) Customs has not been notified by the detention requester, within twelve (12) days following the date of Customs’ acceptance of the request, that a litigation claiming that the detained articles infringe the patent right(s) has been initiated in accordance with Article 96 of the Patent Act. (B) A litigation initiated by the detention requester claiming that the detained articles infringe the patent right(s) has been dismissed by a final and binding court judgment. (C) A court of law in a final and binding judgment has held that the detained articles do not infringe trademark right(s). (D) The detention requester has requested the repeal of detention.

4 According to the R.O.C. Patent Act, the Specific Patent Agency may, upon request, repeal a granted compulsory license under certain circumstance(s). Which of the following is not included? (A) Where the fact warranting the compulsory license has been changed and compulsory licensing is no longer necessary. (B) Where the licensee fails to properly exploit the patent as required in the compulsory license. (C) Where the licensee fails to pay the remuneration as determined by the Specific Patent Agency. (D) Where the patentee claims patent infringement against the licensee.

5 According to the R.O.C. Patent Act, which of the following statements regarding the right to apply for patent is not correct? (A) The right to apply for a patent shall mean the right to file a patent application in accordance with the Patent Act. (B) The right to apply for a patent shall not be taken as the subject of a pledge. (C) The right to apply for a patent is not assignable and inheritable. (D) Where an invention, a utility model or a design is made by an employee in the course of performing his/her duties, the right to apply for a patent thereof shall be vested in his/her employer and the employer shall pay the employee reasonable remuneration; where there is an agreement providing otherwise, such agreement shall prevail.

6 According to the R.O.C. Patent Act, which of the following statements regarding the utility model patent is not correct? (A) A utility model patent means the creation made in respect of the shape, pattern, color, or any combination thereof, of an article as a whole or in part by visual appeal. (B) A utility model patent shall not be granted if it is contrary to public order or morality. (C) The term of a utility model patent shall expire after a period of ten (10) years starting from the filing date. (D) When exercising a utility model patent, the patentee shall not make a warning without presenting the technical evaluation report of utility model patent.

8 According to the R.O.C. Patent Act, which of the following may be granted a patent? (A) Diagnostic, therapeutic and surgical methods for the treatment of humans or animals (B) Animals, plants, and essential biological processes for the production of animals or plants (C) Fine arts (D) Processes for producing microorganisms

9 According to the R.O.C. Patent Act, where a fund provider appoints another party to conduct research and development, the ownership of the right to apply for a patent and the patent right in connection with the outcome of such research and development shall be vested in the party as mutually agreed upon in an agreement between both parties. Without any mutual agreement, such rights will not be vested in the following? (A) Inventor (B) Utility model creator (C) Fund provider (D) Designer

10 According to the Enforcement Rules of the R.O.C. Patent Act, where the Chinese translation of technical terminology has been made by which of the following, such official translation shall prevail? (A) The Intellectual Property Office, MOEA (B) The Ministry of Education (C) National Taiwan Normal University (D) The National Academy for Educational Research

11 According to the R.O.C. Patent Act, an applicant may designate an agent to file patent applications and handle patent-related matters on his/her behalf. Which of the following is not qualified as an agent? (A) Patent attorneys (B) Patent agents (C) Patent examiners (D) Lawyers

12 According to the R.O.C. Patent Act, which of the following statements regarding the patent term of a patent is not correct? (A) The term of a design patent shall expire after a period of fifteen (15) years from the filing date of the application. (B) A derivative design patent shall not expire simultaneously with the original design patent. (C) The term of a utility model patent shall expire after a period of ten (10) years starting from the filing date. (D) The term of an invention patent shall expire after a period of twenty (20) years from the filing date of the application.

13 According to the R.O.C. Patent Act, an invention which is industrially applicable may be granted a patent upon application in accordance with the Patent Act. Which of the following is not an exception to patentability? (A) The invention was disclosed in a printed publication prior to the filing of the patent application. (B) The invention was publicly exploited prior to the filing of the patent application. (C) The invention was publicly known prior to the filing of the patent application. (D) The invention cannot be easily made by a person ordinarily skilled in the art based on prior art.