Case Doctrines

Question 1

Pearl & Dean v Shoemart

Answer 1

There can be no infringement of a patent until a patent has been issued since whatever right one has to the invention covered by the patent arises alone from the grant of patent

Question 2

Creser Precision v CA

Answer 2

• if he (inventor) voluntarily discloses it (invention), such as by offering it for sale, the world is free to copy and use it with impunity
• patent, however, gives the inventor the right to exclude all others
• NO PATENT, NO PROTECTION

Question 3

Maguan v CA

Answer 3

A single instance of public use of the invention by a patentee for more than 2 years(12 months under the IPC) before the date of its application is fatal to, the validity of the patent when issued

• the grant of a patent provides protection to the patent holder from the indescriminate use of the invention

Question 4

E.I. Dupont ed Nemours and Co v Francisco

Answer 4

Under Sec. 31 of the IPC, a right of priority is given to any patent applicant who has previously applied for a patent in a country that grants the same privilege to Filipinos