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專技高考-專利師(選試專業英文及電子學)專技高考-專利師(選試專業英文及計算機結構)專技高考-專利師(選試專業英文及物理化學)專技高考-專利師(選試專業英文及生物技術)專技高考-專利師(選試專業英文及工業設計)專技高考-專利師(選試專業英文及工程力學)
專業英文1075單選題

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?

AX and Y are the joint inventors on the aforesaid invention.
BThe 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.
CThe 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.
DThe 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.正確答案
答案與詳解
D
正確答案
台灣專利採先申請原則,W 於 X 申請前已獨立申請並公開,故 X 的申請將因 W 的前案而喪失新穎性。

為什麼答案是 D

W 於 6/5 提出申請並於 6/20 公開,皆早於 X 的申請日(7/5),W 的公開案已成為客觀的先前技術,導致 X 的申請喪失新穎性。

考點:發明人資格考點:優惠期考點:優先權考點:新穎性與先申請原則
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