问题 不定项选择

以下有关无效宣告审查决定的哪些说法是正确的()。

A.专利权被宣告部分无效后,其经过修改被予以维持的权利要求应视为自修改之日起存在

B.专利复审委员会作出维持专利权有效的审查决定后,由国家知识产权局即行登记和公告

C.专利复审委员会作出宣告专利权无效的审查决定并且该决定生效后,由国家知识产权局登记和公告

D.对于涉及侵权案件的无效宣告请求,在无效宣告请求审查开始之前曾通知有关人民法院的,专利复审委员会应当在作出决定后,将审查决定和"无效宣告审查结案通知书"送交有关人民法院

答案

参考答案:C, D

解析:

解析: 关于无效宣告请求审查决定,《审查指南》第四部分第三章6中有较为详细的规定。其中规定:某项专利被宣告部分无效后,授权的权利要求书中被宣告无效的权利要求应视为自始即不存在。但是予以维持的部分权利要求(包括经修改后的权利要求)也同时应视为自始即存在。也就是说,宣告专利权部分无效的决定和宣告其全部无效的决定一样,也具有溯及既往的效力。故A选项错误。 专利复审委员会作出维持专利权有效或者宣告专利权无效的审查决定后,国家知识产权局并不立即对其进行登记和公告,因为依据《专利法》第四十六条的规定,当事人如果对该审查决定不服的,可以在收到通知之日起三个月内向人民法院起诉。因此只有在专利复审委员会作出的宣告专利权无效的决定(包括全部无效和部分无效)生效后,国家知识产权局才予以登记和公告(参见《审查指南》第四部分第三章7.2),故B选项错误,C选项正确。 《审查指南》第四部分第三章7.1中规定,对于涉及侵权案件的无效宣告请求,在无效宣告请求审理开始之前曾通知有关人民法院或者地方知识产权局(或相应职能部门)的,专利复审委员会应当在作出决定后,将审查决定和"无效宣告审查结案通知书"送交有关人民法院或者地方知识产权局(或相应职能部门),故D选项正确。

多项选择题
阅读理解

Along the seashore(海边),the tall coconut(椰子)trees waved in he wind. The sand was white in the bright sun, and the ocean was dark blue. The houses in the town near the shore, were painted white. The boats had been pulled up on the shore. Usually they would all be in the water with hard-working fishermen. But today was a holiday, and everyone was  preparing for the celebration that was going to take place that evening.

In the distance, men could be seen climbing the coconut trees. They were singing as they worked. There were monkeys in the trees, too. The monkeys were jumping up and down and screaming angrily.The climbers just laughed at the monkeys and continued to pick the fruits.

小题1:What is this passage about?

A.It tells us a story of the monkeys.

B.It describes the scene on the seashore.

C.It talks about the life of the fishermen.

D.It is about how the people celebrated a holiday.小题2:The boats had been pulled up on the shore because_________.

A.it was a holiday

B.the weather was too hot

C.there was going to be a storm

D.it was not the season for fishing小题3:The men climbed the coconut trees to_________.

A.pick the coconuts

B.catch the monkeys

C.look at the ocean far away

D.see who could climb high and fast小题4:The word "screaming" in Paragraph Two probably means _______.

A.singing and working

B.jumping up and down

C.running here and there

D.shouting in a high voice小题5:The monkeys were angry because________.

A.the men were trying to catch them

B.the men wanted to drive them away

C.the men got the coconuts , which were their food

D.the men climbed higher and faster than they did