試題詳解

21 Which of the following descriptions regarding patent application with foreign element under the R.O.C. Patent Act is correct?
(A) Any foreign person who has no domicile or business establishment in the territory of the R.O.C. is not allowed to file an application for invention patent.
(B) All patent applications filed by a foreign applicant must be accepted regardless of his or her nationality.
(C) If a foreign applicant is a citizen of a non-member of the World Trade Organization (WTO) and whose home country does not mutually recognize priority with the R.O.C., even if the applicant has domicile or business establishment in any member of the WTO or in the territory of a reciprocal country, the applicant is not entitled to claim priority in accordance with the provisions set forth in Paragraph 1 of Article 28.
(D) Where an applicant has first applied for a patent in a foreign country which is a member of 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 12 months after the filing date of the said first patent application.