Examly題庫立即開始練習
共 6 類科共用卷
專技高考-專利師(選試專業英文及工程力學)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(選試專業英文及電子學)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(選試專業英文及工業設計)專技高考-專利師(選試專業英文及計算機結構)
專業英文107 年第 5 題單選題考點:發明人資格考點:優惠期

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。

逐選項解析

AX and Y are the joint inventors on the aforesaid invention.發明人資格✕ 錯誤
Y 僅為行政助理,未對發明的技術概念產生實質貢獻,依法不能列為共同發明人。
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.優惠期✕ 易錯陷阱
雖然 Y 未經同意的洩密行為適用專利法第22條的優惠期(Grace Period),但優惠期僅能豁免該次洩密不成為先前技術,無法對抗 W 獨立申請並公開的前案。
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.✕ 錯誤
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

立即註冊,看完整詳解

這題的完整詳解,註冊就能看 · 每天 2 題免費

精選詳解
  • 完整逐選項解析
  • 秒殺解題技巧與破題關鍵
  • 關鍵知識表整理
  • 陷阱與易錯提醒
  • 同考點歷屆題庫連續刷題與錯題本

專業英文 相關題目

想練更多專業英文考古題?

Examly 收錄 50 萬+ 道歷屆題目,每題都有像這樣的精選詳解。免費下載,立即開練。

Examly