問題詳情

17 A is employed by C company as an in-house scientist to develop a new type of photovoltaic material. Withthe help of mass investments of C company, A successfully invents a new material—material X, in the labowned by X company, which drastically improved the converting rate of photovoltaics to a record highlevel. A and C company intend to apply for a patent of material X while the employment contract betweenA and C company clearly stipulated that all the inventions made in the performance of employment dutiesshall be deemed as “work for hire” as defined by the R.O.C. Patent Act and are protected in accordancetherewith. A also clearly acknowledges material X is an invention created in the performance of hisemployment duties with C company. Under the R.O.C. Patent Act, which one of the following statements isnot 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 ofmaterial 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.

參考答案

答案:B
難度:困難0.308411
統計:A(11),B(33),C(44),D(13),E(0)

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