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101
年專門職業及技術人員高等考試律師、會計師、不動產估價師、
專利師、民間之公證人考試暨第二次社會工作師考試試題
類 科：專利師
科 目：專業英文
考試時間： 2 小時 座號：
※注意：禁止使用電子計算器。
代號：70150
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70650
頁次：4
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1
甲、申論題部分：（50 分）
不必抄題，作答時請將試題題號及答案依照順序寫在申論試卷上，於本試題上作答者，不予計分。
請以藍、黑色鋼筆或原子筆在申論試卷上作答。
本科目請以英文作答。
一、You are a patent attorney retained by the ABC Pharmaceutical (“ABC”), a foreign
company, to file an invention patent application with the Intellectual Property Office for
protecting its improved medication in our country.
Before you start filing, Mr. Doe, the CEO of ABC, wonders whether this improved
medication is a non-statutory subject matter for an invention patent according to our
Patent Act?
Please provide your legal analysis in English with regard to this matter.（20 分）
Mr. Doe acknowledges that, due to the outbreak of SARS (severe acute respiratory
syndrome) and H1N1 pandemics occurred several years ago, the R.O.C. became the
first country to issue a compulsory licensing for Tamiflu, an imported medication
used to treat the H1N1 virus. Mr. Doe wonders on what grounds can our government
issue a compulsory licensing?
Please provide your legal advice in English with regard to this matter.（20 分）
二、Please translate the following provision into English.（10 分）
專利法規定，發明專利申請人對於申請案公開後，曾經以書面通知發明專利申請內
容，而於通知後公告前就該發明仍繼續為商業上實施之人，得於發明專利申請案公
告後，請求適當之補償金。
乙、測驗題部分：（50 分） 代號：5701
本測驗試題為單一選擇題，請選出一個正確或最適當的答案，複選作答者，該題不予計分。
共25 題，每題 2分，須用2B鉛筆在試卡上依題號清楚劃記，於本試題或申論試卷上作答者，不予計分。
1 The purpose of patents is to stimulate innovation by rewarding people for new inventions.
Which one of the following choices can be best substituted for the word “innovation”?
invincibility creation invasion calmness
2 International patent and knowledge licensing is the most critical form of technology transfer to third world
development.
Which one of the following choices can be best substituted for the word “critical”?
important insignificant impossible presumptuous
代號：70150
|
70650
頁次：4
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2
3 When the examiner inappropriately combined some components selected from the prior art to fit the parameters
of the invention, such determination of nonobviousness would fall in to the hindsight bias.
In the above paragraph, “bias” means:
prejudice oblique premonition ground
4 The preliminary injunction the plaintiff seeks in the case of patent infringement is an extraordinary remedy.
Besides the consideration of public interest, the irreparable harms must be proved to justify the order of
injunction.
In the above paragraph, “irreparable” means:
inexplicable inexorable irrecoverable irrebutable
5 The ultimate aim of the TRIPS Agreement is to achieve the goal of harmonization over the substantive patent
law under various jurisdictions, by the adoption of the minimum standards of protection.
In the above paragraph, “harmonization” means:
unification accordance cooperation assistance
6 The elements of patentability do not include which of the following:
novelty utility portability nonobviousness
7 Which type of patent protection is not provided in the Patent Act of the United States?
utility patents design patents plant patents working patents
8 After the decision of eBay v. MercExchange handing down from the Supreme Court in the United States, to
grant the permanent injunction the court must consider the “four factors” before making the decision. Which one
of the following choices is not within the “four factors”?
likelihood of success on the merits irreparable harm
public interest paying sufficient bonds
9 In the United States, even though the inventor was first to invent, he may be barred if he publicly uses or sells it
outside the twelve month grace period. What is the term to describe the situation?
periodical bar statutory bar insufficient bar incomplete bar
10 Which one of the following treaties has no relationship with the patent protection?
Paris Convention
Patent Cooperation Treaty
Agreement on Trade-Related Intellectual Property Rights
Nice Agreement
11 Which one of the following factors is most unlikely to be considered in a patent litigation in the United States?
Discovery Proceeding Markman Hearing
Criminal Penalty Permanent Injunction
代號：70150
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70650
頁次：4
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3
12 Which of the following reasons is not among the exceptions of the early publication of patent applications under
Taiwanese patent law?
The patent application is protected by Taiwan Trade Secret Act as a subject matter of trade secret.
The patent applicant withdrew the patent application within 15 months after the application date.
The patent application is related to national defense secrets.
The patent application is against public orders or moralities.
13 An invention patent application would be through the procedure of substantive examination prior to patent
granting. Which of the following statements is true?
Within 18 months after the patent application, on request, the Intellectual Property Office should conduct a
substantive examination over this application.
Owing to interest conflicting, only the competitors of the applicant are entitled to requesting the substantive
examination over the patent application.
If no request for the substantive examination has been made in due time, the application is deemed to be
withdrawn.
The substantive examination over the patent application should be requested after this application has been
published according to Taiwanese patent law.
14 A license under which the licensor grants the right to use a patent to licensee under the condition that the licensee
agrees to grant the licensor a license with respect to any improvements to that patent made by the licensee is
often called:
a grant back license a grant forward license
an exclusive license a sublicense
15 Which one of the following descriptions related to the Intellectual Property Case Adjudication Act is incorrect?
The court should judge the validity of patent by itself in a patent litigation.
There has been the mechanism of Technical Examination officer in such legal infrastructure.
The design of confidentiality preservation order in the Act has the purpose to protect trade secrets.
Adding the criminal penalty to the invasion of trade secrets is one important character to the Act.
16 One of the most controversial areas of customs law concerns “gray market goods”.
What is the term to describe the importation of gray market goods?
vertical importation random importation cross importation parallel importation
17 The traditional American rule that each party bears its own attorneys’ fees is varied by statute in patent law. In an
exceptional case, the prevailing party may be granted such fees.
Which one of the following choices can be best substituted for the word “prevailing”?
losing winning coming defending
代號：70150
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70650
頁次：4
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4
18 For the most part, patents are granted to inventors according to national law. Thus, patents represent _______
grants of exclusive rights.
Fill in the blank with the best answer from the following choices.
collapsible territorial collateral tiny
19 The failure of an invention to meet with the requirement of novelty under patent law usually resulted from
_______ of the prior art.
preemption suggestion anticipation instruction
20 A patent infringed may be determined by _______ when an accused product performed substantially the same
function in substantially the same way to have the same result with what the patent did, provided that the
manufacture of the accused product didn’t constitute literal infringement.
the compulsory licensing the prior art defense
the all-element doctrine the doctrine of equivalents
21 On claim drafting, a patent applicant sometimes uses a term in a manner leading to an either more restrictive or
expansive meaning than its ordinary construction. Such a phenomenon in the patent practice means that _______
may be followed to define patent claims.
Choose the one phrase that best completes the above sentence.
the prosecution history the inventor’s lexicography
the expert’s testimony the prior art
22 On determination of nonobviousness of a combination invention, the examiner is always concerned about
_______, which means a combination of elements may produce a technological effect greater than that caused by
the sum of those elements taken together.
Choose the one word that best completes the above sentence.
synergism inherency collaboration deposition
23 _______ is an illustrative example of practice of an invention, included in a patent specification.
Choose the one phrase that best completes the above sentence.
A claim An embodiment
An abstract A related application
24 An official procedure starting from the patent application to the granting of patent is named as _______.
Choose the one phrase that best completes the above sentence.
patent licensing patent searching patent filing patent prosecution
25 The requirement of _______ for patentability is to secure that the public is entitled to practice the invention
according to a full and complete description of it in the specification, especially when the patent expires.
Choose the one word that best completes the above sentence.
novelty utility enablement nonobviousness
類科名稱：
101年專門職業及技術人員高等考試律師、會計師、不動產估價師、專利師、民間之公證
人考試暨第二次社會工作師考試
科目名稱：專業英文（試題代號：5701)
題 數：25題
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專利師(專業英文及工程力學)、專利師(專業英文及電子學)、專利師(專業英文及基本設計)、專利師(專業
英文及計算機結構)、專利師(專業英文及生物技術)、專利師(專業英文及物理化學)