11. Company X files a patent infringement action against Company Y before the Intellectual Property and Commercial Court of Taiwan.

In response, Company Y asserts that the asserted patent is invalid and presents prior-art evidence. During the litigation, Company X files a post-grant amendment application with the Taiwan Intellectual Property Office (TIPO), and the amendment proceeding remains pending.

 Under the R.O.C. Intellectual Property Case Adjudication Act, which of the following statements is MOST accurate?
(A) The court must stay the infringement action until TIPO and all subsequent administrative appeal proceedings regarding the amendment become final.
(B) The court may not determine whether the patent has grounds for invalidation because such issues fall exclusively within TIPO's jurisdiction.
(C) The court may independently determine whether the patent has grounds for invalidation and may consider the potential effect of the pending amendment without necessarily waiting for TIPO's final decision.
(D) The court may determine patent validity, but it is prohibited from considering any amendment that has not yet been approved by TIPO.

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答案:C 解析 本題考的是我國《智慧財...
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