試題詳解

2 Which of the following descriptions regarding the priority claim under the R.O.C. Patent Act is incorrect?
(A) Where an applicant has first applied for a patent in a foreign country that is a member of the World Trade Organization (hereinafter the “WTO”), the applicant may claim priority in respect of an R.O.C. patent application for the same invention if the R.O.C. patent application for the same invention is filed within twelve months after the filing date of the said first patent application.
(B) For a patent application filed with priority, examination on its patentability shall be based on the actual filing date of this patent application, not on the priority date.
(C) Where an applicant claims two or more priorities in respect of a patent application, the twelve months period referred to in Article 28, para. 1 of the R.O.C. Patent Act shall be on the basis of the earliest priority date.
(D) If a foreign applicant is a citizen of a non-member of the WTO and whose home country does not mutually recognize priority with the R.O.C., but the applicant has domicile or business establishment in any member of the WTO or in the territory of a reciprocal country, the applicant shall also be entitled to claim priority.