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.

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

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.

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.

11 On determining the requirement of the inventive step, an examiner found that a reference, as prior art, would lead a person with ordinary skill in the art (PHOSITA) in a direction divergent from the path that was taken in the claim concerned under the patent application. Based upon the aforesaid fact, which of the following is true? (A) The aforesaid fact might be regarded evidence supporting the inventive step of the claim concerned. (B)The aforesaid fact might be regarded evidence opposing the inventive step of the claim concerned. (C) The aforesaid fact might be regarded evidence supporting the novelty of the claim concerned. (D)The aforesaid fact might be regarded evidence supporting the enablement of the claim concerned.

12 If no marking about the patent certificate number is fixed on the patent product, which of the following legal effects is provided by Taiwan Patent Act when the patent without marking is infringed upon? (A) The marking about the patent certificate number has nothing to do with the remedy. (B) The patentee is not entitled to any remedy on the ground that the patent without marking is invalid. (C) The patentee is not entitled to any remedy on the ground that the patent without marking never shows any public notice to the third parties. (D) To seek damages, the patentee should prove that the infringer knows or has a reason to know the infringed product protected by the patent. 

13 X is among the least developed countries recognized by the United Nations. Since the bird flu has been spreading over the country over six months and the toll of death is astonishingly increasing. In order to import sufficient and affordable medicine to assuage the damage of the pandemic, X plans to negotiate with Taiwanese pharmacy company Y, and asks Y to apply for the compulsory licensing on Patent M registered in Taiwan that embodies the medicine B for treating the aforesaid bird flu. According to the Taiwan Patent Act, which of the following statements is appropriate? (A) Y is not entitled to request the compulsory licensing on Patent M since the bird flu is not the disease defined in Article 90 of Taiwan Patent Act. (B) Y is not entitled to request the compulsory licensing on Patent M since the provisions of the compulsory licensing are designed to mainly facilitate the demand in the domestic market. (C) Y is entitled to request the compulsory licensing on Patent M, provided that X could prove that it has insufficient or no manufacturing capacities in the pharmaceutical. (D) Y is not entitled to request the compulsory licensing on Patent M unless Y has made efforts to obtain authorization from the patentee concerned on reasonable commercial terms and conditions and such efforts have not been successful within a reasonable period of time.

14 Under which of the following occasions, the final notice of patent examination is in accord with Taiwan Patent Act? (A) The final note may be issued at any stage of patent examination. (B) The final note may be issued when the amendment made during the reexamination stage still entails grounds for unpatentability. (C) The final note may not be issued as soon as the applicant requests the reexamination according to Article 49 of Taiwan Patent Act. (D) The final note may not be issued as soon as the applicant requests the divisional application according to Article 34 of Taiwan Patent Act.