IPL Flashcards
Are computer programs patentable?
- GR: Computer programs are not patentable but are copyrightable.
- XPN: They can be patentable if they are part of a process (e.g., business process with a
step involving the use of a computer program).
What is the “first to file” rule?
- If two (2) or more persons have made the invention separately and independently of
each other, the right to the patent shall belong to the person who filed an application
for such invention, or - Where two or more applications are filed for the same invention, to the applicant who
has the earliest filing date.
Right to a patent shall belongs to the;
Inventor, his heirs or assigns
If two or more persons have jointly made the invention, the right to patent shall belong to:
It shall belong to them jointly
When shall the patent take effect?
A patent shall take effect on the date of the publication of the grant of the patent in the
IPO (Intellectual Property Office) Gazette.
In case the employee made the invention in the course of his employment contract, if
the inventive activity is not part of the employee’s regular duties, the patent shall belong to?
The employee, even if the employee uses the time, facilities and materials of the
employer.
In case the employee made the invention in the course of his employment contract, if
the inventive activity is the result of the performance of the employee’s regularly-assigned
duties, the patent shall belong to?
The employer, unless there is an agreement, express or implied, to the contrary.
What are the two tests of trademark infringement?
- Dominancy Test - Focuses on the similarity of the main, prevalent or essential features
of competing trademarks that might cause confusion. - Holistic Test - Focus is not only on the predominant words but also on the other features
appearing on the labels.
What are the two rights under Copyright?
- Economic Rights - enable the creator to obtain remuneration from the exploitation of
his works by third parties. - Moral Rights - maintain and protect the personal connection between the creator and
his work.
What is copyright?
Literary and artistic works which are original intellectual creations in the literary and
artistic domain protected from the moment of their creation.
Copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary and artistic works
What is a trademark?
Any visible sign capable of distinguishing the goods (trademark) or services (service
mark) of an enterprise and shall include a stamped or marked container of goods.
What are the requisites for an invention to be patentable?
- Novelty - must not in any way form part of prior art
- Inventive step - subject of patent is not obvious to someone who is skilled in the same
industry - Industrial Applicability - invention can be used to any industry
What is the duration of protection for copyright in literary and artistic works, and in
derivative works?
Lifetime of the author plus fifty (50) years.
What are the grounds for the cancellation of patents?
- The invention is Not new or patentable;
- The patent does not Disclose the invention in a manner sufficiently clear and complete
for it to be carried out by any person skilled in the art; or - Contrary to public order or morality. (Sec. 61.1, IPC)
- Patent is found Invalid in an action for infringement (Sec. 82, IPC)
How are marks acquired?
Marks are acquired solely through registration (Sec. 122, IPC). Any word, name, symbol,
emblem, device, figure, sign, phrase, or any combination thereof may be registered
except those enumerated under Section 123, IPC.
