試題詳解

11 Under the same creation, A plans to file the application of the invention patent and the application of the utility model patent at same date. Which of the following statements about the aforesaid applications is true?
(A)A merely chooses either the application of the invention patent or the application of the utility model patent for further prosecution procedures at the filing date.
(B)The application of the invention patent will be automatically withdrawn provided that the utility model patent has been granted prior to the approval decision about the application of the invention patent made by the Taiwan Intellectual Property Office.
(C)If the utility model patent was finally revoked through the invalidation proceeding, the application of the invention patent will be rejected according to Article 32 of the Taiwan Patent Act.
(D)Someone infringed the utility model patent which has been granted prior to the approval decision about the application of the invention patent. The patentee is entitled to the remedies against such the infringement, other than the compensation about the exploitation of the creation during the publication of the patent application according to Article 41 of the Taiwan Patent Act.