题目详情:

[简答题]
甲保健机械厂生产了一种新产品“按摩靠垫”，并于1990年3月向国家专利局申请了实用新型专利，专利号为“9121631r。国家专利局于1991年1月授予专利权。1991年12月该厂将该专利使用权转让给一家医疗器械公司，并向国务院专利行政部门进行了登记后收取转让费10万元。该公司未及生产就于1992年1月，在市场上发现了与该专利产品相近、功能相同的“按摩靠垫”。经查，该种靠垫是南方乙保健器械厂生产的。于是，甲厂就向专利行政部门提出要求制止侵权行为，并赔偿损失。南方乙保健器械厂获知后，提出它们生产的产品虽然和甲厂生产的产品相似，但这是该厂于1988年最早研制出来，并投入生产的。同时提出，甲厂的产品不符合《中华人民共和国专利法》（以下简称《专利法》）对新颖性的要求，请求专利管理机关宣告无效。专利行政部门经过调查，查明：南方乙保健器械厂所诉该产品是它们厂最早研制并生产的无法证实，其生产的“按摩靠垫”是在1991年10月投入生产的，在其生产的“按摩靠垫”标明的专利号为“91216311”，乙厂共生产该种产品5000套，获利50万元。
要求；
（1）南方乙保健器械厂如果所诉属实，其能否申请专利行政部门宣告甲厂的专利无效
理由是什么
（2）南方乙保健器械厂如果所诉属实，而专利复审委员会驳回其中请，其不服应当怎么办
（3）如果甲厂的专利被宣告无效，某医疗器械公司能否要求甲厂返还专利转让费
（4）甲厂专利权的有效期是几年
（5）本案中，甲厂如何维护其合法权益
（6）甲厂可以获得的赔偿数额应当如何确定

热门试题:

[单选题]加氢反应是( )。
A.吸热反应
B.放热反应
C.既不是吸热反应,也不是放热反应
D.既是吸热反应,又是放热反应

[不定项选择题]共用题干 Transport and Trade
1. Transport is one of the aids to trade.By moving goods from places where they are plentiful to places where they are scarce,transport adds to their value.The more easily goods can be brought over the distance that separates producer and consumer,the better for trade.When there were no railways,no good roads,no canals,and only small sailing ships,trade was on a small scale.
2. The great advances made in transport during the last two hundred years were accompanied by a big increase in trade.Bigger and faster ships enabled a trade in meat to develop between Britain and New Zealand,for instance.Quicker transport makes possible mass-production and big business,drawing supplies from,and selling goods to,all parts of the globe.Big factories could not exist without transport to carry the large number of workers they need to and from their homes. Big city stores could not have developed unless customers could travel easily from the suburbs and goods were delivered to their homes.Big cities could not survive unless food could be brought from a distance.
3. Transport also prevents waste.Much of the fish landed at the ports would be wasted if it could not be taken quickly to inland towns.Transport has given us a much greater variety of foods and goods since we no longer have to live on what is produced locally.Foods which at one time could be obtained only during a part of the year can now be obtained all through the year. Transport has raised the standard of living.
4. By moving fuel,raw materials,and even power,for example,through electric cables,transport has led to the establishment of industries and trade in areas where they would have been impossible before. Districts and countries can concentrate on making things which they can do better and more cheaply than others and can then exchange them with one another. The cheaper and quicker transport becomes,the longer the distance over which goods can profitably be earned. Countries with poor transport have a lower standard of living.
5. Commerce requires not only the moving of goods and people but also the carrying of messages and information .Means of communication,like telephones,cables and radio,send information about prices,supplies,and changing conditions in different parts of the world. In this way,advanced communication systems also help to develop trade. The development of modern means of transport______.
A.to send goods to various parts of the world
B.at any time during the year
C.has greatly promoted trade
D.is it possible to produce on a large scale
E.the transport of goods
F.it is possible to produce on a large scale