試題詳解

5 Based on the principle of ne bis in idem set forth in the R.O.C. Patent Act, under which of the following circumstances, a person shall not be allowed to separately file an invalidation action against the same patent based on the same facts and evidence? I. where another invalidation action has been filed based on the same facts and evidence and considered groundless by a decision. II. In an administrative action concerning revocation of a patent, where the Intellectual Property Court has taken into account the new evidence submitted on the same grounds for the revocation prior to the end of the oral argument, and considered groundless by a judgment. III. where administrative remedy proceedings are filed but dismissed finally and bindingly.
(A)I and II only 
(B)II and III only 
(C) I a  nd III only
(D) I only