試題詳解

24 Which of the following descriptions regarding invention irrelevant to the performance of duties (an invention made by an employee without connection to the course of performing his or her duties) under the R.O.C. Patent Act is incorrect?
(A) The right to apply for a patent and the patent right for such invention shall be vested in the employee.
(B) If such invention is made through the utilization of the employer's resources or experiences, the employer may exploit the invention in the enterprise without paying the employee remuneration.
(C) Upon completion of such invention, the employee shall give the employer a written notice regarding such event, and shall also inform the employer of the creative process, if necessary.
(D) If the employer fails to raise any objection to the employee within six (6) months after receiving the employee's written notice regarding such invention, the employer shall not claim that the invention at issue was made by the said employee in the course of performing his/her duties.