问题 不定项选择

某研究所与刘某签订了一份技术开发合同,约定由刘某为该研究所开发一套设备,但双方没有约定技术成果的归属。刘某按约定交付了符合要求的技术成果。后刘某欲就该技术成果申请专利,双方遂发生争执。根据合同法及相关规定,下列说法哪些是正确的

A.该研究所享有就该技术成果申请专利的权利,刘某无权申请

B.刘某享有就该技术成果申请专利的权利,但如果其转让专利申请权,该研究所享有以同等条件优先受让的权利

C.该研究所和刘某共同享有就该技术成果申请专利的权利,双方均可单独申请专利

D.该研究所和刘某共同享有就该技术成果申请专利的权利,该研究所不同意申请专利的,刘某不得申请

答案

参考答案:B

解析:[知识点] 委托开发完成的发明创造
根据《合同法》第三百三十九条规定,委托开发完成的发明创造,除当事人另有约定的以外,申请专利的权利属于研究开发人。研究开发人取得专利权的,委托人可以免费实施该专利。研究开发人转让专利申请权的,委托人享有以同等条件优先受让的权利。可见,本题中刘某单独享有就该技术成果申请专利的权利,所以,本题B选项正确,A、C、D选项错误。
综上,本题答案为:B。

单项选择题

Are you going to high school to go on with your study What will you do if you can’t Don’t worry. Vocational schools are open for you because our country is in need of people with special skills.

Compared with common high schools, vocational schools have more advantages. Firstly, in order to promote the development of vocational education, our country spends a lot of money on it. So you need to pay only a smaller half of the school fee. Secondly, in here you have already started learning practical skills that you can use all your life. But some other students may still worry about how to spend the long three years at high schools. Why Because they didn’t choose the school that suits them. And finally, when they are still wondering where to go, you are already able to live on your own hands proudly. And perhaps it won’t be long before you are on the road to success.

People take different roads because they have different potentials. So different students should choose different schools. Go to high school if you think that you can go farther on that road. Choose a key high school if you are lucky enough to have the chance. Enter a vocational school if you are interested in the lessons there and you are better at making things with your hands.

In a word, think carefully and see what kind of person you are. Remember, always choose things that suit you.

This passage is written to ().

A.advise some students to choose vocational schools

B.talk about the advantages of common high schools

C.discuss how to divide students into different groups

D.compare different schools

填空题