17 legal knowledge examination papers and answers 1. Multiple-choice questions (There is only one correct answer in the options set for each question, and you can't score multiple choices, wrong choices or no choices. This section contains 1-30 questions, each with 1, 5 points ***45 points. )
1. Company B entrusts Company A to develop a product, and Company A designates its employee Lu to undertake this R&D task, and Lu completes an invention in the process. Without any agreement, who has the right to apply for a patent for an invention?
A. Lu
B. Company A
Company C and Company B
D, Company A and Company B
Answer b
2. 14, 10 In May, Party A and Party B filed patent applications for the same bread machine respectively. If the patent applications of Party A and Party B meet other conditions for granting patent rights, who should be granted the patent rights?
Answer, answer
b，b
C, A and B have * * *
D. candidates determined by both parties through consultation.
Answer d
3. Company A is an optical cable equipment company, and Wang is a technician responsible for the research and development of optical cable equipment. Wang left Company A in March 201year and joined Company B. Company B filed a patent application for a kind of optical cable equipment technology invented by Wang in June 201year, and obtained the patent right. Which of the following statements is true?
A, the patent right should belong to a company.
B. the patent right belongs to company B.
C. The patent right belongs to Company A and Company B..
D, Wang and the person in charge of company B have the right to claim that they are inventors in the patent documents.
Answer a
4. Which of the following is a patentable subject?
1. Forged RMB equipment
B, the method of memorizing German verb rules quickly
C. infrared light promotes seed germination.
D. nuclear fission reactor
Answer d
5. Which of the following is the object of patent protection for utility model?
A. A composite gear, characterized in that molten steel is poured into a tooth mold, cooled and kept warm.
B. An ointment, characterized by containing 5%-20% of vaseline, 10%-30% of urea and 8%-30% of salicylic acid.
C, a building sand, characterized by being piled into a frustum shape.
D. Gourd container, characterized in that the container body is gourd-shaped, and the upper opening of the container is embedded with a bushing.
Answer d
6. On the same day, Zhang and Liu respectively submitted an invention patent application for the same vacuum cleaner. In which of the following cases, the technical scheme required by Zhang and Liu's patent application constitutes the same invention-creation?
A. Zhang's application requests to protect the vacuum cleaner X, while Liu's application requests to protect the vacuum cleaner X? , x and x? The difference is that it directly replaces the common means in the technical field.
Zhang's application requests to protect the vacuum cleaner X, and Liu's application requests to protect the cleaning system Y including the vacuum cleaner X.
C. Zhang's application requests to protect the vacuum cleaner X, and Liu's application requests to protect the vacuum cleaner X and the cleaning system Y including the vacuum cleaner X.
D Zhang's application requests to protect the vacuum cleaner X, and Liu's application requests to protect the application of the vacuum cleaner X in the cleaning system Y..
Answer: c
7. Which of the following statements is false?
A. An invention is creative if it has unexpected technical effects compared with the existing technology.
B, if an invention does not have unexpected technical effects compared with the existing technology, then the invention must not be creative.
C, the evaluation of invention and creativity should be aimed at the technical scheme defined in the claim, and the technical features not written in the claim will not be considered.
D. If the invention only chooses from some known possibilities, and the selected scheme fails to achieve unexpected technical effects, the invention is not creative.
Answer: b
8. Which of the following invention names meets the relevant regulations?
An Apple mobile phone
Medicine for treating hepatitis B and preparation method thereof
F-2 acne therapeutic instrument
Technologies to reduce energy consumption
Answer b
9. Which of the following views about practicality is correct?
First, the practicality of the invention means that the theme of its application must be able to be manufactured or used in industry and can produce positive effects.
B, the invention must have better technical effect than the existing technology to be practical.
C. If the market sales of an invention is not good, it can be determined that the invention is not practical.
D, an invention in the implementation process of low income, you can determine that the invention is not practical.
A: A.
10. Which of the following statements is wrong about the patent application involving genetic resources?
A. No patent right shall be granted to inventions and creations obtained in violation of the law and completed by relying on genetic resources.
B, in violation of the provisions of administrative regulations, the use of genetic resources, and rely on genetic resources to complete the invention, no patent right shall be granted.
C for an invention-creation completed by relying on genetic resources, the applicant shall specify the direct source and original source of genetic resources in the patent application documents.
D. If the applicant cannot explain the direct source of the invention-creation completed by relying on genetic resources, it shall explain the reasons in the application documents.
Answer d
1 1. Regarding the patent application involving biomaterials, which of the following conditions meets the requirements for the preservation of biomaterials?
A, the applicant has carried out biological preservation in a preservation unit recognized by China National Intellectual Property Administration within the second month from the date of application, and submitted the preservation and survival certificates.
B the applicant has carried out biological preservation in a preservation unit recognized by China National Intellectual Property Administration two months before the application date, and submitted the preservation and survival certificate in the sixth month from the application date.
C, the applicant in the first half of the application date in China National Intellectual Property Administration recognized preservation units for biological preservation, since the second month of the application date to submit the preservation certificate and survival certificate.
D. In order to prevent leakage, the applicant made biological preservation in the State Key Biology Laboratory of his school two months before the application date, and submitted the preservation survival certificate the next month after the application date.
Answer c
12. Which of the following is wrong in the brief description of an application for a patent for design?
A, the design product name is sofa
B, a heating device is arranged in the product.
C, omit the bottom view
D, the shape of this design is the design point.
Answer b
13. Under which of the following circumstances will China National Intellectual Property Administration re-determine the application date?
A. As the postmark of the patent application sent by Party A through the post office is unclear, China National Intellectual Property Administration takes the date of receipt as the application date, and Party A submits a valid certificate of the date of sending issued by the post office one month after receiving the acceptance notice.
Fig. 3 is described in the description of B and B utility model patent applications, but the relevant drawings are missing. After receiving the examiner's notice of correction, B deleted the description of the attached drawings.
C and C submitted an application for a patent for invention without an abstract, and C submitted an abstract one month later.
D and D filled in the original application date incorrectly in the divisional application request, and corrected it after three days.
Answer d
14, which of the following statements is correct?
First, the patent administrative department of the State Council is responsible for the management of national patent work.
B, the Patent Reexamination Board is responsible for accepting the request for correction of the patent evaluation report.
The patent agency established by the patent administrative department of the State Council accepts all patent applications.
D the basic people's court is responsible for the jurisdiction of the first instance patent dispute cases within its jurisdiction.
Answer a
15. Which of the following statements is correct about entrusting a patent agency to handle patent affairs?
1. A Macao company that has no business office in Chinese mainland may not entrust a patent agency to apply for a patent in China.
B, a state-owned enterprise in Shanghai as the first signature applicant and a British company * * * apply for a patent in China, they shall entrust a patent agency.
C if a hongkong person who has no habitual residence in Chinese mainland applies for a patent in China, he shall entrust a patent agency.
D. Entrusting a patent agency to apply for a patent can only be entrusted to a patent agency and cannot be replaced.
Answer c
16, an application for a patent for invention with foreign priority, the priority date is February 20th, 201year, and the filing date is February 7th, 201year. Which of the following statements is false?
A. The application will be published on February 7, 20 12 18 months later.
B The time limit for the applicant to submit the request for substantive examination is 20 1 1 for three years from February 20th.
C. If the patent application is granted the patent right, the protection period shall be from February 7th, 20 12.
D.20 1 1 The related technology disclosed before February 20th belongs to the prior art of the patent application of the present invention.
A: A.
17. The applicant mailed a patent application to China National Intellectual Property Administration, postmarked 2065438+March 6, 2005. China National Intellectual Property Administration received the application on March 8, 20 15, and issued the admission notice on the same day. The applicant received the admission notice on March, 2065438 15. When should the applicant pay the application fee at the latest?
2065438+March 25th, 2005
B, 2065438+April 7, 2005
2065438+May 6, 2005
2065438+May 8, 2005
Answer c
18, which of the following statements is correct?
A divisional application cannot be used as a basis for claiming domestic priority.
B, the applicant may, on the basis of an application for a patent for invention, file a divisional application for a patent for utility model.
The inventor of the latter application claiming domestic priority shall be consistent or partially consistent with the inventor of the previous application.
D the applicant shall submit a copy of the application documents of the original application within three months from the date of submitting the divisional application. If it is not submitted within the time limit, the divisional application shall be deemed as not submitted.
Answer a
19, which of the following subjects can't be the patent applicant?
I. Study Group
B, limited liability company
C. Prisoners in a prison
D, a middle school student aged 14.
Answer a
On March 6, 20 14, the application sent to the applicant Liu was regarded as a notice of withdrawal, but it was returned because the address was unknown and announced on May 29, 2014. When should Liu pay the claim fee for restoring his rights at the latest?
2065438+May 2, 20041
B, 2065438+July 29, 2004
20 14 August 13
D, 2065438+August 29, 2004
Answer d
2 1. Which statement is correct about the active modification of the utility model patent application?
1. The applicant can take the initiative to modify it within 2 months from the date of application.
B, the applicant can take the initiative to modify within 3 months from the date of receiving the acceptance notice.
C, beyond the time limit of modification, China National Intellectual Property Administration will not accept it.
D, the modification of the claim is limited to the deletion and merger of the claim and the deletion of the technical scheme.
Answer a
22. If the applicant refuses to accept the following decision made by China National Intellectual Property Administration, he may request a reexamination from the Patent Reexamination Board?
I. Decision on the Patent Application as Withdrawal
B, the decision to reject the patent application
C, the decision not to accept the patent application
As a decision without priority.
Answer b
23. For a rejected application for a patent for invention, the applicants are Party A and Party B, and the inventors are Party C and Party D. Which of the following examination requests should be accepted?
A, any one or both of Party A and Party B * * * requests for review.
B, C and D, or both * * * and the request for review.
Party C, Party A and Party B * * * make a request for review.
D. Party A, Party B, Party C and Party D * * * request re-inspection.
Answer c
24. The reexamination claimant A revised the application documents in the reexamination procedure. Which of the following modifications complies with relevant regulations?
A. The reason for rejection is that claim 1 is not creative. When Party A modifies the claim, it changes the type of claim 1 from method to product.
B the reason for rejection is that claim 1 is not supported by the specification, and a subordinate claim was added when the claim was modified.
C. The reason for rejection is that claim 1 is not creative, and Party A deleted a technical feature in claim 1 when modifying the claim.
D the reason for rejection is that claim 1 lacks necessary technical features, and when Party A modifies the claim, it adds the features of the corresponding technical scheme in the specification to claim 1.
Answer d
25, in which of the following circumstances, the invalidation procedure is terminated?
A, the claimant requests to withdraw his request for invalidation, but the Patent Reexamination Board thinks that it can make a decision to declare the patent right invalid according to the examination work that has been carried out.
B, the patentee did not submit the receipt of the oral hearing, nor did he participate in the oral hearing.
C the party concerned fails to bring a suit in a people's court within three months from the date of receiving the decision on examining the request for invalidation.
D the patent re-examination board shall make a decision on the request for invalidation and maintain the validity of the patent right.
Answer c
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