試題詳解

18 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 any foreign country, 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 (12) months after the filing date of the said first patent application.
(B) Where an applicant claims two or more priorities in respect of a patent application, the priority period shall be determined based on the earliest priority date.
(C) For a patent application filed with priority, examination on its patentability shall be based on the priority date.
(D) Where an applicant unintentionally fails to claim priority claim at the time of filing, the applicant may, within sixteen (16) months after the earliest priority date, apply for reinstatement of priority claim, pay the required fees and submit the required declarations.