Intellectual Property

Question 1

REPUBLIC ACT 8293 - INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES

Answer 1

“An act prescribing the intellectual property code and establishing the intellectual property office,
providing for its powers and functions, and for other purposes.

Question 2

REPUBLIC ACT 165

Answer 2

An act creating a patent office

Question 3

REPUBLIC ACT 166

Answer 3

An act to provide for the registration and protection of trademarks, tradenames, and
service-marks

Question 4

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Answer 4

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Question 5

The agency of the government in charge of the implementation of the lntellectual Property Code is the lntellectual Property Office which replaced the Bureau of Payents, Trademarks and Technlogy Transfer lt s divided into six [6] Bureaus:

Answer 5

Bureau of Patents;
* Bureau of Trademarks;
* Bureau of Legal Affairs
* Documentaton, Information and Technology Transfer Bureau;
* Management Information System and EDP Bureau; and
* Administrative. Financial, and Personnel Services Bureau

Question 6

the period of the grant was increased from I7 years from grant under the old law to?

Answer 6

2l years from date of filing under the new law

Question 7

• In the case of utility models, the previous grant of 5 years plus renewals of 5 years each
  under the old law was changed to

Answer 7

7 year without renewal under the new law

Question 8

Under the new law, publication is effective after __ months from filing date or priority date

Answer 8

18

Question 9

under the present law, the penalties range
from ________________ and/or _________ years of imprisonment and the offense
prescribes in 3 years.

Answer 9

P100000-300000; 6 months to 3 years

Question 10

a right granted to an inventor that excludes others from making, selling, or using the invention for a period of time. Encourages unique and useful inventions.

Answer 10

Patent

Question 11

How long can a patent protect an invention?

Answer 11

20 yrs

Question 12

RULE 200

Answer 12

Patentable Inventions

Question 13

Rule 201

Answer 13

Statutory Classes of Patentable Inventions

Question 14

Rule 203

Answer 14

Novelty

Question 15

Rule 204

Answer 15

Equivalents

Question 16

Rule 205

Answer 16

Non-Prejudicial Disclosure

Question 17

Rule 206

Answer 17

Inventive Step

Question 18

Rule 207

Answer 18

Person having ordinary skills in the art

Question 19

Rule 208

Answer 19

Industrial Applicability

Question 20

RULE 500. WHO MAY APPLY FOR PATENT?

Answer 20

Any person, natural or judicial, may apply for a patent. If the applicant is not the inventor, the Office shall require him to submit a proof of his authority to apply for the patent

Question 21

RULE 501. WHEN THE APPLICANT DIES, BECOMES INSANE OR INCAPACITATED

Answer 21

administrator or guardian may sign the application papers and other documents. He may also apply for the patent in the name of the applicant his heirs, or assignee

Question 22

RULE 502. ASSIGNED INVENTION AND PATENTS

Answer 22

The application may be filed by or in the name of the assignee who may sign the
application.

• If juridicial person, any officer can sign in behalf
• If aliquot person, any joint owner shall sign

Question 23

RULE 400. THE PATENT APPLICATION

Answer 23

Application shall be in WRITING but can be electronic or online if available
* Can be Filipino or English
* Filed by post or with bureau
* Application addresses Director

Question 24

RULE 401. PAYMENT OF FEES

Answer 24

Application = full payment of filing, search, and publication fee within ONE MONTH AFTER FILING DATE

Question 25

RULE 404. THE REQUEST

Answer 25

Request contains PETITION FOR PATENT GRANT and APPLICANT'S NAME - ADDRESS

Question 26

RULE 410. TITLE OF THE INVENTION

Answer 26

Title shall be short and specific * Heading of first page of introduction * In technical terms. NO FANCY NAMES * Inventor's name, if with claim for convention priority, shall contain 1. FIle number 2. Country of origin 3. Filing date 4. Name and address of resident agent/representative 5. Signature

Question 27

RULE 1000. GRANT OF PATENT

Answer 27

* If application meets requirements and fees are paid --> PATENT GRANTED by office * Fees not paid on time? Application withdrawn (Sec. 50, IP Code)

Question 28

RULE 1001. CONTENTS OF PATENT

Answer 28

Patent issued 1. In the name of the Republic of the Philippines 2. Under the seal of the Office 3. Signed by Director of Patents 4. Registered together with description, claims, drawings, books, and records of the Office (Sec. 43, IP Code)

Question 29

RULE 1002. PUBLICATION UPON GRANT OF PATENT

Answer 29

* Patent grant and other info published in IPOPHL E-Gazette within SIX MONTHS

Question 30

RULE 1003

Answer 30

Any interested party may inspect the complete description, claims, and drawings of the patent on file with the Office

Question 31

RULE 1004. TERM OF PATENT

Answer 31

Term shall be TWENTY YEARS from filing date * Patent is no more if any annual fees are not paid on time or Cancelled in accordance with the provisions of the IP Code and these Regulations

Question 32

refers to a recognizable insignia, phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind.

Answer 32

Trademark

Question 33

Why is trademark important?

Answer 33

it is a good idea to register the name of your business as a trademark. If another business tries to use the same or similar name, you will have legal recourse to stop it. A trademarked name marks all your products and services as yours and no one else's and can also protect you from counterfeit products.

Question 34

elements of trademark infringement

Answer 34

(1) a registered trademark in the Philippines, (2) plaintiff's ownership of said mark, and (3) use of the trademark or imitation thereof by a third person

Question 35

What is copyright?

Answer 35

A copyright is a collection of rights that automatically vest to someone who creates an original work of authorship -

Question 36

why is copyright important?

Answer 36

it helps to protect the value of an author/academic/researchers work, by giving the originator of the work the ability to protect it from unlicensed or uncredited usage

Question 37

How long do Copyrights last?

Answer 37

70 years

Question 38

When does copyright infringement occur?

Answer 38

occurs when there is a violation of moral rights granted to the copyright owner.

Question 39

The IP Code also provides for the liability of a person who at the time when copyright subsists in a work has in his possession an article that he knows, or ought to know, to be an infringing copy of the work for the following purposes:

Answer 39

(a) selling or letting for hire (b) distributing the article for trade (c) trade exhibit of the article in public

Question 40

First offense for copyright infringement

Answer 40

50000-150000 pesos; imprisonment 1-3 years

Question 41

2nd offense for copyright infringement

Answer 41

3 years and 1 day to 6 years imprisonment; 1500000-500000 pesos

Question 42

third and subsequent offense for copyright infringement

Answer 42

6 years and 1 day to 9 years imprisonment; 500000 to 1500000 pesos