问题 单项选择题

日本甲公司于1988年10月3日向中国国家知识产权局提交名称为“防眼疲劳镜片”的发明专利申请,该申请已于1988年 5月7日以相同主题在日本提出了专利申请,并在向国家知识产权局提交该专利申请的同时,提交了要求优先权的书面声明,在 1988年12月25日该公司又提交了第一次在日本提出专利申请文件的副本。中国乙大学于1988年7月也研制成功同样的发明并于同年9月10日提交了发明专利申请。乙大学的专利申请与日本甲公司的专利申请的主题相同,其申请日早于日本甲公司在中国的实际申请日。依照我国《专利法》规定该发明专利权应授予( )

A.日本甲公司

B.中国乙大学

C.日本甲公司与中国乙大学共同共有

D.日本甲公司与中国乙大学协商确定

答案

参考答案:A

解析:[考点] 专利的申请 《专利法》第29条规定:“申请人自发明或者实用新型在外国第一次提出专利申请之日起十二个月内,或者自外观设计在外国第一次提出专利申请之日起六个月内,又在中国就相同主题提出专利申请的,依照该外国同中国签订的协议或者共同参加的国际条约,或者依照相互承认优先权的原则,可以享有优先权。申请人自发明或者实用新型在中国第一次提出专利申请之日起十二个月内,又向国务院专利行政部门就相同主题提出专利申请的,可以享有优先权。申请人要求优先权的,应当在申请的时候提出书面声明,并且在三个月内提交第一次提出的专利申请文件的副本;未提出书面声明或者逾期未提交专利申请文件副本的,视为未要求优先权。”本题中日本甲公司履行了行使优先权的必要手续,又符合优先权的实体条件,因此,通过优先权的适用,使其在中国的申请日提前为1988年5月7日,早于中国乙大学 1988年9月10日的申请日,因此正确的选项为A。

单项选择题
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Once there was a young woman who didn’t like her job. Everyday when she came home from work, she told her husband how terrible her day had been, how tiring the work and how unreasonable her boss. “Leave that job,” her husband told her.

“Oh, I will,” she said. “But not yet. I have too many friends there for me to leave.” And so she remained unhappy at work until the years became decades and her children had children. “Leave that job,” her grandchildren told her. “Oh, I will,” she said. “But not yet. There are only seven more years until I reach thirty years of service and can retire. So I can’t just yet.”

I know this woman. And her story reminds me of an old dog half asleep on the porch of a general store, moaning and groaning in the sun. “Why is your dog acting that way?” a customer asked the store owner. “Oh,” answered the man. “He’s lying on a nail.” “Well, why doesn’t he move?” “Because it’s not hurting him bad enough.”

That’s true for people, too. We convince ourselves the pain is not bad enough to leave the workplace we know. But we’re wrong. Prolonged work pain is continuing. Some work pain damages our self-esteem, kills our passion or destroys our dreams.

Wilbur Wright once commented, “We could hardly wait to get up in the morning. I know that exhilarating feeling of being so passionate about something I was working on that I couldn’t wait to get back to work. And people who are winning at working know that kind of passion, too.”

They get excited about work. They offer their unique gifts and talents eagerly. And when things don’t change as they sometimes will, they refuse to let environment hijack(劫持) their self-esteem, passion or dreams.

小题1:The woman complained to her husband every day because   .

A.she didn’t have enough money to support her family

B.her boss criticized her for what she had done

C.she was not satisfied with her job at all

D.her work was difficult and her boss was cruel小题2:From the second paragraph we can know that the woman   .

A.liked making friends with others

B.loved all of her children very much

C.left her tiring job at last

D.did exactly the same job all along小题3:The underlined word “Prolonged” (in Paragraph 4) means   .

A.lasting

B.slight

C.serious

D.hard小题4:People who are getting along well with their work     .

A.have to get up early every day

B.are not willing to go to work

C.need more unique gifts and talents

D.are likely to change with the situation