问题 多项选择题

北京市民张某针对一项发明专利向专利复审委员会提出无效宣告请求。下列哪些说法是正确的

A.张某应当委托专利代理机构,并在委托书中写明代理权限

B.张某应当自提出无效宣告请求之日起1个月内缴纳无效宣告请求费,否则其无效宣告请求将被视为未提出

C.张某应当提交无效宣告请求书和必要的证据,并结合提交的所有证据具体说明无效宣告的理由

D.张某在提出无效宣告请求时未具体说明无效宣告理由,其无效宣告请求将被视为未提出

答案

参考答案:B,C

解析:[考点] 无效宣告请求的形式审查和合议审查
[详解] 《专利法》第19条第款、第2款:“在中国没有经常居所或者营业所的外国人、外国企业或者外国其他组织在中国申请专利和办理其他专利事务的,应当委托依法设立的专利代理机构办理。中国单位或者个人在国内申请专利和办理其他专利事务的,可以委托依法设立的专利代理机构办理。”《专利法实施细则》第15条第3款:“申请人委托专利代理机构向国务院专利行政部门申请专利和办理其他专利事务的,应当同时提交委托书写明委托权限。”中国个人提出无效请求,可以委托专利代理机构,也可以不委托专利代理机构。选项A错误。《专利法实施细则》第99条第3款:“著录事项变更费、专利权评价报告请求费、无效宣告请求费应当自提出请求之日起1个月内缴纳;期满未缴纳或者未缴足的,视为未提出请求。”选项B正确。《专利法实施细则》第65条第1款:“……无效宣告请求书应当结合提交的所有证据,具体说明无效宣告请求的理由,并指明每项理由所依据的证据。”选项C正确。《专利法实施细则》第66条第1款:“专利权无效宣告请求不符合专利法第19条第1款或者本细则第65条规定的,专利复审委员会不予受理。”在提出无效宣告请求时未具体说明无效宣告理由,专利复审委员会应该不予受理,而不是视为未提出。选项D错误。

多项选择题
阅读理解

阅读理解。

     According to the American Automobile Association, since 1964 all cars sold in the United States have

been equipped with seat belts. (These are also called safety belts.) Mary studies of automobile accidents

have shown that safety belts can save lives. One study showed that forty percent of those killed in auto

accidents could have been saved if they had been wearing seat belts.

     Unfortunately belts are worn only by a small percentage of drivers and passengers-about fifteen percent

in cities, and only nine percent in small towns. And safety belts cannot protect people who do not wear them.

     In order to find out what kinds of people do wear seat belts a study was made in several cities of the

United States. The following facts were learned about those who use their safety belts:

     1. They do not smoke while driving.

     2. They have had more education than non-users.

     3. They know someone who was injured(but not killed)in an automobile accident.

     Advertisements based on these facts have been printed in newspapers and magazines in order to teach

people the importance of using seat belts. But these advertisements have not helped much. Some people

believe there should be a law requiring drivers and passengers to use safety belts. In Australia, where there

is such a law, deaths in auto accidents have decreased twenty-four percent.

1. This selection is mainly about _____.

A. automobiles in the United States

B. accidents involving cars

C. safety belts for drivers and passengers

D. parking problems

2. The selection says that in Australia _____.

A. about 50% of the drivers wear seat belts

B. the importance of seat belts is advertised in newspapers

C. few people use seat belts and magazines

D. a law requires drivers and passengers to use seat belts

3. People who live in small towns _____.

A. have fewer accidents than those who live in cities

B. are less likely to wear seat belts than those who live in cities

C. ten to favor the passing of a law to require the use of seat belts

D. often wear seat belts

4. In Australia, where there is such a law, deaths in auto accidents have decreased _____.

A. fifty percent

B. ten percent

C. fifteen percent

D. twenty-four percent