1. According to the R.O.C. Patent Act, a person shall not be entitled to a patent if the claimed invention was described in the specification, claims or drawings of a patent issued or an application for invention or utility model patent published, in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. However, this shall not apply where the applicant of the later-filed patent application is also the applicant of the earlier-filed patent application for invention or utility model. Which of the following concepts does not cover what is described in this provision? (A) Deemed as lack of novelty (B) Deemed Loss of Novelty (C) Lack of novelty based on legal fiction (D) Lack of novelty based on presumption

1. According to the R.O.C. Patent Act, a person shall not be entitled to a patent if the claimed invention was described in the specification, claims or drawings of a patent issued or an application for invention or utility model patent published, in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. However, this shall not apply where the applicant of the later-filed patent application is also the applicant of the earlier-filed patent application for invention or utility model. Which of the following concepts does not cover what is described in this provision?
(A) Deemed as lack of novelty
(B) Deemed Loss of Novelty
(C) Lack of novelty based on legal fiction
(D) Lack of novelty based on presumption

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Jerry

B1 · 2026/08/18

#7483930

答案：D，Lack of novelty...

(共 655 字，隱藏中）

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7. Under the R.O.C. Patent Act, which of the following descriptions is incorrect? (A) Where an invention is made by an employee in the course of performing his duties, the right to apply for a patent and the patent right thereof shall be vested in his employer and the employer shall pay the employee reasonable remuneration; where there is an agreement providing otherwise, such agreement shall prevail. (B) Where a fund provider appoints another party to conduct research and development, the ownership of the right to apply for a patent and the patent right in connection with the outcome of such research and development shall be vested in the party as mutually agreed upon in an agreement between both parties, or such rights shall be vested in the fund provider in the absence of such agreement. (C) Where the ownership of the right to apply for a patent and the patent right are vested in the employer or the fund provider pursuant to Paragraph 1 or Paragraph 3 of Article 7 of the R.O.C. Patent Law, the inventor concerned shall be entitled to have his name shown as such. (D) Where an invention made by an employee has no connection to the course of performing his duties, the right to apply for a patent and the patent right for such invention shall be vested in the employee.

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