Patent 2024

Question 1

CHAPTER II

Patentability - any TS of a P, new iA

SECTION 21. Patentable Inventions. ‑ Any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable shall be patentable. It may be, or may relate to, a product, or process, or an improvement of any of the foregoing. (Sec. 7, R.A. No. 165a)

What are the three essential criteria for an invention to be considered patentable under Section 21?

a) Novelty, utility, and simplicity

b) New, non-obvious, and industrially applicable

c) Creativity, originality, and feasibility

d) Common knowledge, uniqueness, and adaptability

Answer 1

Correct Answer: b) New, non-obvious, and industrially applicable

One classic example of a new, non-obvious, and industrially applicable invention that is also patentable is the invention of the Post-it Note. Invented by Spencer Silver at 3M in the late 1960s, the Post-it Note was a unique adhesive that allowed for easy sticking and resticking without leaving residue. The non-obvious aspect lay in the development of an adhesive that could be repositioned multiple times.

Question 2

CHAPTER II

Patentability

SECTION 21. Patentable Inventions. ‑ Any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable shall be patentable. It may be, or may relate to, a product, or process, or an improvement of any of the foregoing. (Sec. 7, R.A. No. 165a)

According to Section 21, a patentable invention may relate to which of the following?

a) Only products

b) Only processes

c) Products, processes, or improvements of either

d) Aesthetic creations

Answer 2

Correct Answer: c) Products, processes, or improvements of either

Question 3

CHAPTER II

Patentability

SECTION 21. Patentable Inventions. ‑ Any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable shall be patentable. It may be, or may relate to, a product, or process, or an improvement of any of the foregoing. (Sec. 7, R.A. No. 165a)

In the context of patentability, what does “inventive step” refer to under Section 21?

a) The complexity of the invention

b) The level of creativity involved

c) The number of steps in the manufacturing process

d) The practical significance of the invention

Creatvty - non Ob

Answer 3

Correct Answer: b) The level of creativity involved

In patent laws, the concept of “level of creativity” is often assessed under the requirement of non-obviousness or inventive step. Non-obviousness is a crucial criterion for granting a patent, and it refers to the idea that an invention should not be an obvious or straightforward extension of existing knowledge or technology.

Question 4

CHAPTER II

Patentability

Which of the following is excluded from patent protection according to Section 22.1?
a) New form or new property of a known substance enhancing its efficacy
b) Mere use of a known process resulting in a new product
c) Discoveries, scientific theories, and mathematical methods
d) Derivatives of a known substance differing significantly in properties

Answer 4

Which of the following is excluded from patent protection according to Section 22.1?

Correct Answer: c) Discoveries, scientific theories, and mathematical methods

Patent systems aim to strike a balance between encouraging innovation and ensuring public access to knowledge.

Excluding discoveries, scientific theories, and mathematical methods helps prevent the monopolization of fundamental principles and ensures that such knowledge remains freely available for further scientific inquiry and understanding.

Question 5

CHAPTER II

Patentability

Under Section 22.2, what is excluded from patent protection?
a) Computer programs
b) New forms of known substances
c) Micro-organisms
d) Salts, esters, and ethers

Answer 5

Under Section 22.2, what is excluded from patent protection?

Correct Answer: a) Computer programs

Overlap with Copyright Protection:
Computer programs are often eligible for protection under copyright law.

Copyright protects the expression of ideas in a tangible form, and computer programs, being written code, fall within the scope of copyright protection. Granting patents for the same subject matter could create unnecessary overlap and confusion between patent and copyright systems.

Question 6

CHAPTER II

Patentability

What does Section 22.3 exclude from patent protection?
a) Diagnostic methods
b) Products for use in surgical procedures
c) Methods for treatment of the human or animal body
d) Microbiological processes

Answer 6

What does Section 22.3 exclude from patent protection?

Correct Answer: c) Methods for treatment of the human or animal body

The exclusion of methods for the treatment of the human or animal body from patentability is based on ethical and public policy considerations.

The underlying principle is to prevent the grant of exclusive rights over medical treatments to ensure that healthcare remains accessible and affordable while prioritizing public health

Question 7

CHAPTER II

Patentability

According to Section 22.4, what is exempted from the exclusion of patent protection for plant varieties or animal breeds?
a) Micro-organisms
b) Non-biological and microbiological processes
c) Aesthetic creations
d) Products for use in methods for treatment of the human body

Answer 7

According to Section 22.4, what is exempted from the exclusion of patent protection for plant varieties or animal breeds?

Correct Answer: b) Non-biological and microbiological processes

Question 8

CHAPTER II

Patentability

What falls under the exclusion of patent protection in Section 22.6?
a) New forms of known substances
b) Schemes, rules, and methods of doing business
c) Micro-organisms
d) Discoveries enhancing the efficacy of known substances

Answer 8

What falls under the exclusion of patent protection in Section 22.6?

Correct Answer: b) Schemes, rules, and methods of doing business

Question 9

CHAPTER II

Patentability
Essay Type Question:

Explain in detail the provisions outlined in Section 22 of the Philippine Patent Law, highlighting the types of inventions excluded from patent protection and the considerations mentioned for each category.

Discuss the rationale behind excluding certain inventions and how this aligns with the broader goals of intellectual property law.

Answer 9

Essay Type Question:

Explain in detail the provisions outlined in Section 22 of the Philippine Patent Law, highlighting the types of inventions excluded from patent protection and the considerations mentioned for each category. Discuss the rationale behind excluding certain inventions and how this aligns with the broader goals of intellectual property law.

Answer:
Section 22 of the Philippine Patent Law outlines various categories of inventions that are excluded from patent protection. These include discoveries, scientific theories, and mathematical methods (Section 22.1), schemes, rules, and methods of performing mental acts, playing games, or doing business, and programs for computers (Section 22.2), methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body (Section 22.3), plant varieties or animal breeds or essentially biological processes for the production of plants or animals (Section 22.4), aesthetic creations (Section 22.5), and anything contrary to public order or morality (Section 22.6).

In each category, the law specifies certain conditions and exceptions. For example, Section 22.1 notes that salts, esters, ethers, and other derivatives of a known substance are considered the same substance unless they differ significantly in properties with regard to efficacy. Section 22.4 provides an exception for micro-organisms and non-biological and microbiological processes.

The rationale behind these exclusions is to balance the interests of inventors with the broader public interest. Certain inventions, such as scientific theories and methods for medical treatment, are excluded to prevent the exclusive control of knowledge that should be freely available for the benefit of society. The law recognizes that some inventions, like plant varieties, may require a sui generis protection system, and it acknowledges the importance of considering public order and morality in patent grants.

Overall, the exclusions in Section 22 aim to strike a balance between encouraging innovation and ensuring that certain types of knowledge and creations remain accessible to the public.

Question 10

CHAPTER II

Patentability

Patentable inventions vs Non-patentable inventions

Answer 10

Section 21 (Patentable Inventions):

• Nature: It defines the criteria for an invention to be considered patentable.
• Criteria: An invention must be new, involve an inventive step, and be industrially applicable.
• Scope: It covers any technical solution in any field of human activity, including products, processes, or improvements.
• Exclusions: It does not provide a list of specific exclusions but focuses on the positive criteria for patentability.

Section 22 (Non-Patentable Inventions):

• Nature: It outlines the types of inventions that are excluded from patent protection.
• Criteria: It provides a list of categories that are excluded, such as discoveries, scientific theories, and methods of doing business.
• Scope: It specifically identifies what cannot be patented, including certain forms of known substances and methods for mental acts or playing games.
• Exclusions: It includes specific exclusions like discoveries, methods of performing mental acts, and anything contrary to public order or morality.

Comparison:

• Focus: Section 21 focuses on positive criteria for patentability, while Section 22 lists exclusions.
• Criteria vs. Exclusions: Section 21 emphasizes the criteria an invention must meet, while Section 22 emphasizes what types of inventions are not eligible.
• Scope: Section 21 is broader, encompassing any technical solution, while Section 22 provides specific exclusions.
• Nature of Exclusions: Section 22’s exclusions are more specific, addressing discoveries, methods, and substances not eligible for patent protection.

Contrast:

• Purpose: Section 21 guides what can be patented, while Section 22 specifies what cannot.
• Detail: Section 22 provides more detailed and specific exclusions, whereas Section 21 provides general criteria for patentability.

Question 11

VI. INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES (R.A. No. 8293)

A. Patents
2. Ownership of a Patent

Who has the right to a patent according to Section 28 of RA 8293?

A. Only the government
B. The inventor, his heirs, or assigns
C. Only the company employing the inventor
D. The first person to file a patent application

Answer 11

Answer: B. The inventor, his heirs, or assigns

Question 12

VI. INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES (R.A. No. 8293)

A. Patents
2. Ownership of a Patent

In case of a joint invention, who owns the right to a patent?

A. The person with the most significant contribution
B. The first person to file a patent application
C. The government
D. Jointly by the persons who made the invention

Answer 12

Answer: D. Jointly by the persons who made the invention

Question 13

VI. INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES (R.A. No. 8293)

A. Patents
2. Ownership of a Patent

Can the right to a patent be inherited?

A. No, it is non-transferable
B. Yes, it can only be inherited by direct descendants
C. Yes, it belongs to the government after the inventor’s death
D. Yes, it belongs to the inventor’s heirs or assigns

Answer 13

Answer: D. Yes, it belongs to the inventor’s heirs or assigns

Question 14

VI. INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES (R.A. No. 8293)

A. Patents
2. Ownership of a Patent

SECTION 29. First to File Rule.

What is the principle stated in Section 29 of RA 8293?

A. First to Invent Rule
B. Priority of Government Rule
C. First to File Rule
D. Simultaneous Invention Rule

Answer 14

Answer: C. First to File Rule

The First-to-File Rule is a principle in patent law that determines which inventor or applicant is entitled to receive a patent for a particular invention when multiple parties file patent applications for the same or similar inventions.

The rule is in contrast to the older “First-to-Invent” system.

Under the First-to-File system, even if an inventor is the first to file a patent application, the application may still be rejected if there is prior art that discloses the same or a similar invention. In such cases, the prior art can be used to challenge the novelty or non-obviousness of the claimed invention.

Question 15

VI. INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES (R.A. No. 8293)

A. Patents
2. Ownership of a Patent

SECTION 29. First to File Rule.

Who has the right to a patent if two or more persons independently made the same invention?

A. The person with the most significant contribution
B. The person with the earliest filing date or priority date
C. The government
D. Joint ownership by all inventors

Answer 15

Answer: B. The person with the earliest filing date or priority date

Under the First-to-File system, even if an inventor is the first to file a patent application, the application may still be rejected if there is prior art that discloses the same or a similar invention. In such cases, the prior art can be used to challenge the novelty or non-obviousness of the claimed invention.

Question 16

VI. INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES (R.A. No. 8293)

A. Patents
2. Ownership of a Patent

SECTION 29. First to File Rule.

What happens if two or more applications are filed for the same invention?

A. Both applications will be rejected
B. The government takes ownership
C. The applicant with the most funding wins
D. The applicant with the earliest filing or priority date gets the right to the patent

Answer 16

Answer: D. The applicant with the earliest filing or priority date gets the right to the patent

Question 17

VI. INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES (R.A. No. 8293)

A. Patents

SECTION 30. Inventions Created Pursuant to a Commission

Who owns the patent when a person commissions work resulting in an invention?

A. The employee
B. The government
C. The person who commissions the work
D. The inventor’s heirs

Answer 17

Answer: C. The person who commissions the work

Question 18

VI. INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES (R.A. No. 8293)

A. Patents

SECTION 30. Inventions Created Pursuant to a Commission

In the case of an employee making an invention during employment, who owns the patent?

A. The government
B. The employee, regardless of the circumstances
C. The employer, unless there is an agreement stating otherwise
D. The co-workers

Answer 18

Answer: C. The employer, unless there is an agreement, express or implied, to the contrary

Question 19

VI. INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES (R.A. No. 8293)

A. Patents

SECTION 30. Inventions Created Pursuant to a Commission

Under what conditions does the employee own the patent for an invention made during employment?

A. If the invention is related to the employee’s regular duties
B. If the invention is made during regular working hours
C. If the inventive activity is not a part of the employee’s regular duties
D. If the employer provides specific materials for the invention

Answer 19

Answer: C. If the inventive activity is not a part of the employee’s regular duties

Question 20

INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES (R.A. No. 8293)
CHAPTER VIII

Rights of Patentees and Infringement of Patents

What exclusive rights does a patent confer on its owner when the subject matter of the patent is a product?

a. Right to restrain and prevent unauthorized use only
b. Right to prevent manufacturing and importation only
c. Right to restrain, prohibit, and prevent making, using, offering for sale, selling, or importing the product
d. Right to assign and transfer the patent

Answer 20

Answer: c. Right to restrain, prohibit, and prevent making, using, offering for sale, selling, or importing that product

Explanation: When the subject matter of a patent is a product, the patent owner has the exclusive right to restrain, prohibit, and prevent unauthorized individuals or entities from engaging in various activities related to that product, including making, using, offering for sale, selling, or importing it.

Question 21

INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES (R.A. No. 8293)
CHAPTER VIII

Rights of Patentees and Infringement of Patents

When the subject matter of a patent is a process, what exclusive rights does the patent owner have?

a. Right to prevent manufacturing and importation only
b. Right to restrain, prevent, or prohibit any unauthorized person or entity from using the process and from manufacturing, dealing in, using, selling, or offering for sale, or importing any product obtained from the process
c. Right to assign and transfer the patent
d. Right to conclude licensing contracts only

Answer 21

Answer: b. Right to restrain, prevent, or prohibit any unauthorized person or entity from using the process and from manufacturing, dealing in, using, selling, or offering for sale, or importing any product obtained from such process

Explanation: When the subject matter of a patent is a process, the patent owner has the exclusive right to prevent unauthorized use of the process and also to prevent the manufacturing, dealing in, using, selling, or offering for sale, or importing any product obtained directly or indirectly from such process

Question 22

INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES (R.A. No. 8293)
CHAPTER VIII

Rights of Patentees and Infringement of Patents

What is included in the exclusive rights of a patent owner when the subject matter of the patent is a process?

a. Right to restrain and prevent unauthorized use only
b. Right to prevent manufacturing and importation only
c. Right to restrain, prevent, or prohibit any unauthorized person or entity from using the process and from manufacturing, dealing in, using, selling, or offering for sale, or importing any product obtained from the process
d. Right to assign and transfer the patent

Answer 22

Answer: b. Right to restrain, prevent, or prohibit any unauthorized person or entity from using the process and from manufacturing, dealing in, using, selling, or offering for sale, or importing any product obtained from such process

Explanation: This reiterates the exclusive rights of a patent owner when the subject matter of the patent is a process. The owner has the right to prevent various activities related to both the process and the products obtained from it

Question 23

INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES (R.A. No. 8293)
CHAPTER VIII

Rights of Patentees and Infringement of Patents

In addition to exclusive rights, what other rights do patent owners have according to Section 71.2?

a. Right to restrain, prohibit, and prevent any unauthorized use
b. Right to assign, transfer by succession, and conclude licensing contracts for the patent
c. Right to prevent manufacturing and importation only
d. Right to assign and transfer the patent

Answer 23

Answer: b. Right to assign, or transfer by succession the patent, and to conclude licensing contracts for the same

Explanation: Section 71.2 grants patent owners the additional right to assign or transfer the patent, either directly or through succession, and to enter into licensing contracts for the patent, allowing them flexibility in managing their patent rights.

Question 24

INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES (R.A. No. 8293)
CHAPTER VIII

Rights of Patentees and Infringement of Patents

Can a patent owner assign or transfer the patent according to Section 71.2?

a. No, patent owners cannot assign or transfer patents
b. Yes, patent owners have the right to assign or transfer the patent
c. Only if the subject matter is a product
d. Only if the subject matter is a process

Answer 24

Answer: b. Yes, patent owners have the right to assign or transfer the patent

Explanation: According to Section 71.2, patent owners do have the right to assign or transfer the patent, providing them with the option to transfer their rights to another party, either through sale, inheritance, or other legal means.

Question 25

INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES (R.A. No. 8293)
CHAPTER VIII

Rights of Patentees and Infringement of Patents

Under what circumstance does the owner of a patent have no right to prevent third parties from using a patented product that has been put on the market by the owner?

a. Any use without the owner’s express consent
b. Use after the product has been put on the market by the owner or with his express consent
c. Use for experimental purposes only
d. Use for non-commercial purposes

Answer 25

Answer: b. Use after the product has been put on the market by the owner or with his express consent

Explanation: Section 72.1 specifies that the patent owner has no right to prevent the use of a patented product after it has been put on the market in the Philippines by the owner or with his express consent.

Question 26

INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES (R.A. No. 8293)
CHAPTER VIII

Rights of Patentees and Infringement of Patents

In what situation is a third party allowed to perform acts referred to in Section 71 privately and on a non-commercial scale WITHOUT infringing the patent rights?

a. Any private use without economic impact
b. Private use for experimental purposes only
c. Private use for a non-commercial purpose that does not significantly prejudice the owner’s economic interests
d. Any private use for educational purposes

Answer 26

Answer: c. Private use for a non-commercial purpose that does not significantly prejudice the owner’s economic interests

Explanation: Section 72.2 allows acts performed privately and on a non-commercial scale, provided that they do not significantly prejudice the economic interests of the patent owner.

Question 27

INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES (R.A. No. 8293)
CHAPTER VIII

Rights of Patentees and Infringement of Patents

For what purpose is the act of making or using the invention exclusively allowed under Section 72.3?

a. Commercial purposes
b. Educational purposes and scientific purposes
c. Non-commercial purposes
d. Any experimental purpose

Answer 27

Answer: b. Educational purposes and scientific purposes

Explanation: Section 72.3 permits making or using the invention exclusively for experimental use of the invention for scientific purposes or educational purposes.

Question 28

INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES (R.A. No. 8293)
CHAPTER VIII

Rights of Patentees and Infringement of Patents

In the case of drugs and medicines, when is the act of testing, using, making, or selling the invention allowed WITHOUT infringing patent rights?

a. Any testing, use, making, or selling for commercial purposes
b. For experimental use related to scientific purposes only
c. For purposes related to the development and submission of information for regulatory approvals
d. Any use without the owner’s authorization

Answer 28

Answer: c. For purposes related to the development and submission of information for regulatory approvals

Explanation: Section 72.4 allows certain acts related to drugs and medicines, including testing, using, making, or selling the invention, for purposes reasonably related to the development and submission of information and issuance of approvals by government regulatory agencies.

Question 29

INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES (R.A. No. 8293)
CHAPTER VIII

Rights of Patentees and Infringement of Patents

When is the act of preparing a medicine in a pharmacy or by a medical professional in accordance with a medical prescription considered NOT infringing patent rights?

a. Any preparation of medicine in a pharmacy
b. Preparation for commercial purposes
c. Preparation for non-commercial purposes
d. Preparation according to a medical prescription

Answer 29

Answer: d. Preparation according to a medical prescription

Explanation: Section 72.5 allows the preparation of a medicine in a pharmacy or by a medical professional if it is done in accordance with a medical prescription

Question 30

SECTION 73. Prior User.

Under what circumstances does a prior user have the right to continue using the invention, notwithstanding Section 72?

a. If the prior user has made any use of the invention
b. If the prior user has undertaken serious preparations to use the invention in good faith
c. If the prior user obtains the patent owner’s authorization
d. If the prior user is the first to file a patent application

Answer 30

Answer: b. If the prior user has undertaken serious preparations to use the invention in good faith

Explanation: According to Section 73.1, a prior user has the right to continue using the invention if they, in good faith, were using the invention or had undertaken serious preparations to use the invention in their enterprise or business before the filing date or priority date of the application on which a patent is granted.

Question 31

SECTION 73. Prior User.

In which territory does the right of a prior user to continue using the invention apply?

a. Worldwide
b. Only within the country where the patent is granted
c. Within the territory where the patent produces its effect
d. Limited to the original place of use by the prior user

Answer 31

Answer: c. Within the territory where the patent produces its effect

Explanation: The right of a prior user, as per Section 73.1, applies within the territory where the patent produces its effect, allowing the prior user to continue using the invention in that specific region.

Question 32

SECTION 73. Prior User.

How can the right of a prior user be transferred or assigned?

a. It cannot be transferred or assigned
b. It can be freely transferred or assigned to any party
c. It can only be transferred or assigned together with the patent
d. It can only be transferred or assigned together with his enterprise or business, or with that part of his enterprise or business in which the use or preparations for use have been made

Answer 32

Answer: d. It can only be transferred or assigned together with his enterprise or business, or with that part of his enterprise or business in which the use or preparations for use have been made

Explanation: Section 73.2 specifies that the right of the prior user may only be transferred or assigned together with his enterprise or business, or with that part of his enterprise or business in which the use or preparations for use have been made. This is to ensure that the right is not separated from the context in which the prior use or preparations occurred.

Question 33

SECTION 74. Use of Invention by Government

Under what circumstances may a Government agency or third person authorized by the Government exploit an invention without the agreement of the patent owner?

a. Only in cases of public non-commercial use
b. When the demand for the patented article is not being met
c. Only during a national emergency
d. When the public interest, national security, nutrition, health, or other sector development requires, as determined by the appropriate government agency

Answer 33

Answer: d. When the public interest, national security, nutrition, health, or other sector development requires, as determined by the appropriate government agency

Explanation: Section 74.1 outlines various circumstances under which a Government agency or authorized third person may exploit an invention without the patent owner’s agreement, including cases where the public interest, national security, nutrition, health, or development of other sectors requires such exploitation.

Question 34

SECTION 74. Use of Invention by Government

What is the condition for the immediate execution of the determination of a national emergency or other circumstances of extreme urgency under Section 74.2(g)?

a. The determination must be made by the Intellectual Property Office (IPO)
b. The determination must be made by the President of the Philippines
c. The determination must be made by the Supreme Court
d. The determination must be made by the Secretary of the Department of Health

Answer 34

Answer: b. The determination must be made by the President of the Philippines

Explanation: Section 74.2(g) specifies that the existence of a national emergency or other circumstances of extreme urgency shall be subject to the determination of the President of the Philippines, and such determination is immediately executory.

Question 35

SECTION 74. Use of Invention by Government

In situations of national emergency, when should the right holder be notified according to Section 74.2(a)?

a. Within 30 days
b. As soon as reasonably practicable
c. After the exploitation has commenced
d. Only after the President’s determination is made

Answer 35

Answer: b. As soon as reasonably practicable

Explanation: Section 74.2(a) requires that, in situations of national emergency, the right holder shall be notified as soon as reasonably practicable.

Question 36

SECTION 74. Use of Invention by Government

Under what condition is the use of the patented article during a national emergency considered non-exclusive, according to Section 74.2(e)?

a. The patentee’s agreement
b. Government authorization
c. Prior court approval
d. Patentee’s request

Answer 36

Answer: b. Government authorization

Explanation: Section 74.2(e) specifies that the use of the patented article during a national emergency shall be non-exclusive, and it must be authorized by the government.

Question 37

SECTION 74. Use of Invention by Government

When is the right holder required to be informed promptly in the case of public non-commercial use, according to Section 74.2(b)?

a. Only if the government conducts a patent search
b. Only if the government knows a valid patent is or will be used by or for the government
c. Only if the patentee requests information
d. Only if the Supreme Court approves

Answer 37

Answer: b. Only if the government knows a valid patent is or will be used by or for the government

Explanation: Section 74.2(b) requires prompt information to the right holder if the public non-commercial use is done without making a patent search, and the government knows or has demonstrable ground to know that a valid patent is or will be used by or for the government.

Question 38

SECTION 74. Use of Invention by Government

Which government body is responsible for issuing the implementing rules and regulations for the use or exploitation of patented inventions under Section 74.4?

a. Intellectual Property Office (IPO)
b. Supreme Court
c. Department of Health
d. The President of the Philippines

Answer 38

Answer: a. Intellectual Property Office (IPO)

Explanation: Section 74.4 mandates that the Intellectual Property Office (IPO), in consultation with appropriate government agencies, shall issue the appropriate implementing rules and regulations for the use or exploitation of patented inventions within 120 days after the effectivity of the law

Question 39

SECTION 76. Civil Action for Infringement.

Which of the following actions constitutes patent infringement under the provisions regarding Limitations of Patent Rights?

a. Making, using, offering for sale, selling, or importing a patented product without authorization
b. Using a patented process with the patentee’s permission
c. Making, using, offering for sale, selling, or importing a patented product with the patentee’s authorization
d. All of the above

Answer 39

Answer: a. Making, using, offering for sale, selling, or importing a patented product without authorization

Explanation: The provisions regarding Limitations of Patent Rights (Sections 72.1 and 72.4) state that actions such as making, using, offering for sale, selling, or importing a patented product without authorization constitute patent infringement.

Question 40

SECTION 76. Civil Action for Infringement.

Which provisions provide limitations to patent rights and are exceptions to patent infringement?

a. Sections 76.3 and 76.6
b. Sections 72.1 and 72.4
c. Sections 74 and 93.6
d. Sections 93-A and 76.5

Answer 40

Answer: b. Sections 72.1 and 72.4

Explanation: The provisions regarding Limitations of Patent Rights (Sections 72.1 and 72.4) are explicitly mentioned as exceptions to patent infringement under Section 76.1.

Question 41

SECTION 76. Civil Action for Infringement.

Who has the right to bring a civil action for patent infringement under the provisions regarding Civil Action for Infringement?

a. Only the original patentee
b. Only the patentee’s attorney
c. Any person possessing any right, title, or interest in and to the patented invention whose rights have been infringed
d. Only the government

Answer 41

Answer: c. Any person possessing any right, title, or interest in and to the patented invention whose rights have been infringed

Explanation: The provisions regarding Civil Action for Infringement (Section 76.2) allow not only the original patentee but also anyone possessing any right, title, or interest in and to the patented invention whose rights have been infringed to bring a civil action for patent infringement.

Question 42

SECTION 76. Civil Action for Infringement.

In case damages cannot be readily ascertained, what may the court award by way of damages under the provisions regarding Civil Action for Infringement?

a. Nominal damages
b. Punitive damages
c. A sum equivalent to reasonable royalty
d. Exemplary damages

Answer 42

Answer: c. A sum equivalent to reasonable royalty

Explanation: The provisions regarding Civil Action for Infringement (Section 76.3) allow the court, in cases where damages are inadequate or cannot be readily ascertained, to award a sum equivalent to reasonable royalty.

Question 43

Under what condition may the court award damages exceeding the actual damages sustained, according to the provisions regarding Civil Action for Infringement?

a. If the infringement is intentional
b. If the patentee requests it
c. If the damages cannot be readily ascertained
d. If the award does not exceed three times the amount of actual damages

Answer 43

Answer: d. If the award does not exceed three times the amount of actual damages

Explanation: The provisions regarding Civil Action for Infringement (Section 76.4) allow the court, according to the circumstances of the case, to award damages in a sum above the amount found as actual damages sustained, provided that the award does not exceed three times the amount of such actual damages.

Question 44

SECTION 76. Civil Action for Infringement.

What discretionary power does the court have regarding the disposition of infringing goods under the provisions regarding Civil Action for Infringement?

a. The court must order compensation to the patentee for the infringing goods
b. The court may order compensation or destruction of the infringing goods
c. The court may order compensation, destruction, or confiscation of the infringing goods
d. The court may order destruction without compensation

Answer 44

Answer: d. The court may, in its discretion, order that the infringing goods be disposed of outside the channels of commerce or destroyed, without compensation.

Explanation: The provisions regarding Civil Action for Infringement (Section 76.5) give the court discretionary power to order the disposition of infringing goods outside the channels of commerce or their destruction, without compensation.

Question 45

SECTION 76. Civil Action for Infringement.

Who may be liable as a contributory infringer under the provisions regarding Civil Action for Infringement?

a. Only the direct infringer
b. Anyone who actively induces the infringement or provides a component for infringing purposes
c. Only the original patentee
d. The government

Answer 45

Answer: b. Anyone who actively induces the infringement or provides the infringer with a component of a patented product or of a product produced because of a patented process knowing it to be especially adopted for infringing the patented invention and not suitable for substantial non-infringing use

Explanation: The provisions regarding Civil Action for Infringement (Section 76.6) establish liability for contributory infringement for anyone who actively induces the infringement or provides components for infringing purposes, knowing it to be especially adopted for infringing the patented invention and not suitable for substantial non-infringing use.