試題詳解

19 According to Article 8 of the R.O.C. Patent Act, which of the following statements about an “invention irrelevant to the performance of duties” is correct?
(A) When an invention made by an employee has no connection to the course of performing his/her duties, the right to apply for a patent and the patent right of such an invention shall be vested in the party as mutually agreed upon in an agreement between both parties.
(B) If an employee’s invention is made through the utilization of the employer’s resources or experiences, the employer may, after paying the employee a reasonable remuneration, exploit the invention concerned in the enterprise.
(C) After the completion of an invention that has no connection to the course of an employee’s performing his/her duties, the employee shall give the employer an oral notice regarding such an event. If necessary, the employee shall also inform the employer of the creative process.
(D) If the employer fails to raise any objection to the employee within twelve (12) months after receiving the employee’s oral notice, the employer could still claim that such an invention was made by the said employee in the course of performing his/her duties.