試題詳解

21 Which one of the following statements related to “priority claim” under the R.O.C. Patent Act is correct?
(A) Where an applicant has first applied for a patent in a foreign state, any member of the World Intellectual Property Organization (WIPO), 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 eighteen months after the filing date of the said first patent application.
(B) Within six months after the earliest priority date, the applicant shall submit a certified copy of the first patent application issued by the member of the World Trade Organization (WTO).
(C) An applicant filing a patent application based on an earlier patent application for utility model in the R.O.C. may make a priority claim with respect to the utility model disclosed in the descriptions, drawings, or claims submitted for the earlier patent application that has not been published.
(D) Priority claimed shall not be withdrawn upon an expiry of six months after the filing date of the earlier patent application.