試題詳解

10 Peter and Amy, who are not related, are trapped on an uninhabited mountain. In order to signal for help, Peter invents a signaling device using bamboo shoots. Amy witnesses but does not assist in any way in the development of the invention. The signaling device works and Amy was rescued only due to the capacity of the helicopter. The bad weather conditions have prevented Peter’s rescue to date. Amy would like to file a patent application for the signaling device and ask for your advice. Which of the following, in accordance with the R.O.C. Patent Act and its enforcement rules, is true?
(A) Since Peter invented the invention, Amy cannot properly file an application for a patent in her name even though Peter is unavailable.
(B) Amy should file an application in her name since she has witnessed the invention and knows how to make and use it. Subsequently, when Peter becomes available, the inventorship may be changed to the correct inventorship.
(C) Since Peter is not available and cannot be reached, Amy may properly sign the declaration on his behalf since she has witnessed the invention and knows how to make and use it.
(D) Even though Peter and Amy are not related, Amy may properly file an application on Peter’s behalf.