試題詳解

19 Which of the following descriptions regarding the right to apply for a patent under the R.O.C. Patent Act is correct?
(A) While the patent right is assignable and inheritable, the right to apply for a patent is strictly personal and not assignable or inheritable.
(B) While the patent right can be taken as the subject of a pledge, the right to apply for a patent should not be taken as the subject of a pledge.
(C) Where a right to apply for a patent is jointly owned, the patent application related thereto could be filed by any joint owner independently.
(D) Where an invention is made by an employee in the course of performing his/her duties, the right to apply for a patent thereof should be vested in the employee; where there is an agreement providing otherwise, such agreement should prevail.