試題詳解

17 A is employed by C company as an in-house scientist to develop a new type of photovoltaic material. With the help of mass investments of C company, A successfully invents a new material—material X, in the lab owned by X company, which drastically improved the converting rate of photovoltaics to a record high level. A and C company intend to apply for a patent of material X while the employment contract between A and C company clearly stipulated that all the inventions made in the performance of employment duties shall be deemed as “work for hire” as defined by the R.O.C. Patent Act and are protected in accordance therewith. A also clearly acknowledges material X is an invention created in the performance of his employment duties with C company. Under the R.O.C. Patent Act, which one of the following statements is not correct?
(A)The right to apply for a patent and the patent right of material X are vested in C company.
(B)A has the inventorship of material X, and C company is only entitled to the statutory license of material X.
(C)A is entitled to claim reasonable remuneration of material X from C company.
(D)A is entitled to be listed as the inventor in the patent application of material X.