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RA 8293 Flashcards

1
Q

REPUBLIC ACT 8293

A

INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES

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2
Q

REPUBLIC ACT 8293 - INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES

A

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

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3
Q

The State recognizes ________________________ is vital to the development of domestic and creative activity, _____________________________________, and ensures market access for our products.

A

that an effective intellectual and industrial property system; facilitates the transfer of technology, attracts foreign investments

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4
Q

It shall protect and secure the exclusive rights of ________________________________________ to their intellectual property and creations, particularly when beneficial to the people, for such periods as provided in this Act.

A

scientists, inventors, artists, and other gifted citizens

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5
Q

The use of intellectual property bears a social function. To this end, the State shall promote the ___________________________ and the common good

A

diffusion of knowledge and information for the promotion of national development and progress

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6
Q

it is also the policy of the State to __________________, trademarks and copyright, to liberalize the registration on the transfer of technology, and to _______________________ in the Philippines.

A

streamline administrative procedures of registering patents; enhance the enforcement of intellectual property rights

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7
Q

An act creating a patent office, prescribing its powers and duties, regulating the issuance of patents, and appropriating funds therefor

A

REPUBLIC ACT 165

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8
Q

REPUBLIC ACT 186

A
  • An act to provide for the registration and protection of trademarks, trade names, and service marks, defining unfair competition and false marking and providing remedies against the same, and for other purposes
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9
Q

decree on the Protection of Intellectual Property

A

PRESIDENTIAL DECREES NO. 49 AND 285

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10
Q

PARTS OF REPUBLIC ACT 8293

A

PART I -The Intellectual Property office
PART II - The Law on Patents
PART IlI -The Law on Trademarks, Service Marks and Trade Names
PART IV- The Law on Copyright
PART V - Final Provisions

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11
Q

The agency of the government in charge of the implementation of the intellectual Property Code

A

intellectual Property Office

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12
Q

lntellectual Property Office which replaced the _____________

A

Bureau of Payments, Trademarks and Technology Transfer

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13
Q

Six bureaus of IPO

A
  • 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.
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14
Q

A shift was made from the “first-to-invent system” under RA 165 [old law] to __________ under the new law

A

First-to-file

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15
Q

T or F:

In the case of inventions, the period of the grant was increased from I7 years from grant under the old law to (25 years) from date of filing under the new law.

A

F: 21 years

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16
Q

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

A

PATENT

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17
Q

IMPORTANT bacause it safeguards/protects invention up to 20 YEARS.

A

PATENT

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18
Q

RULE 200. PATENTABLE INVENTIONS - SEC. 21, IP Code

A

any technical solution which is new, involves innovative step, and industrially applicable are PATENTABLE

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19
Q

What can be patented?

A

▪ Discoveries of existing materials/substances
▪ Scientific Theories
▪ Flora and Fauna other than microorganisms
▪ Schemes, rules, or methods
▪ Non-/Diagnostic treatment methods
▪ Commecial exploitation inventions

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20
Q

RULE 201. STATUTORY CLASSES OF PATENTABLE INVENTIONS
may relate to:

A
  • a product, machine, or device
  • matter composition
  • microorganism
  • process/method of manufacturing
  • computer-related inventions
  • improvement of any of the foregoing
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21
Q

Invention not new if it is part of a prior art (SEC. 23, IP CODE)

A

RULE 203. NOVELTY

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22
Q

RULE 204. EQUIVALENTS

A
  • Strict Identity testing for assessing novelty
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23
Q

EQUIVALENTS ARE ONLY CONSIDERED IN ASSESSING ____________

A

INVENTIVE STEP

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24
Q

disclosure of information contained in the application during the 12 MONTHS preceding the filing date or the priority date of the application shall not prejudice the applicant on the ground of lack of novelty if such disclosure was made by the inventor, a patent office, or a third party

A

RULE 205. NON-PREJUDICIAL DISCLOSURE

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25
Q
  • Invention has an inventive step if it is not obvious to a “person skilled in the art” at the time of the filing date or priority date of the application claiming the invention (Sec. 26, IP Code)
A

RULE 206. INVENTIVE STEP

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26
Q

RULE 207. PERSON HAVING ORDINARY SKILLS IN THE ART

A
  • Person having ordinary skills in the art is presumed to be ordinary practitioner aware of what is common general knowledge in the art of the relevant date.
27
Q

RULE 208. INDUSTRIAL APPLICABILITY

A
  • Industry-produced and used invention ARE INDUSTRIALLY APPLICABLE (Sec.27, IP Code)
28
Q

Invention must __________ to be patentable:

A
  1. be practically applicable
  2. possible to make (product) or executable (process)
29
Q

RULE 500. WHO MAY APPLY FOR PATENT?

A
  • 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
30
Q

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

A
  • 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
31
Q
  • The application may be filed by or in the name of the assignee who may sign the application.
A

RULE 502. ASSIGNED INVENTION AND PATENTS

32
Q

in RULE 502. ASSIGNED INVENTION AND PATENTS, if a person is juridical, who signs?

A

any officer

33
Q

in RULE 502. ASSIGNED INVENTION AND PATENTS, if a person is aliquot, who signs?

A

any joint owner

34
Q

RULE 400. THE PATENT APPLICATION

A
  • 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 (Sec. 32, IP Code)
35
Q

RULE 401. PAYMENT OF FEES

A
  • Application = full payment of filing, search, and publication fee within ONE MONTH AFTER FILING DATE
36
Q

RULE 404. THE REQUEST

A
  • Request contains PETITION FOR PATENT GRANT and APPLICANT’S NAME - ADDRESS
37
Q

RULE 410. TITLE OF THE INVENTION

A
  • Title shall be short and specific
  • Heading of the first page of the introduction
  • In technical terms. NO FANCY NAMES
  • Inventor’s name, if with a 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
38
Q

RULE 1000. GRANT OF PATENT

A
  • If application meets requirements and fees are paid –> PATENT GRANTED by office
  • Fees not paid on time? Application withdrawn (Sec. 50, IP Code)
39
Q

RULE 1001. CONTENTS OF PATENT

A
  • 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)
40
Q
  • Patent grant and other info published in IPOPHL E-Gazette within SIX MONTHS
A

RULE 1002. PUBLICATION UPON GRANT OF PATENT

41
Q

RULE 1003.

A

Any interested party may inspect the complete description, claims, and drawings of the patent on file with the Office (Sec 52.2, IP Code)

42
Q

RULE 1004. TERM OF PATENT

A
  • Term shall be TWENTY YEARS from filing date
  • Patent is no more if any annual fees are not paid on time or Canceled in accordance with the provisions of the IP COde and these Regulations.
43
Q

 There are three strategies for new product introduction:

A

: Market Pull, Technology Push,
and Interfunctional Views

44
Q

Market Pull emphasizes _________________, Technology Push________________, and Interfunctional Views focuses on _______________________

A

meeting customer demands; leverages technological advancements; cohesive cross-functional collaboration

45
Q

focuses on understanding consumer preferences and aligning
product development with market demand, using market research and customer
feedback.

A

Market Pull
Strategy

46
Q

Technology Pull

A

prioritizes technological
advancements and innovations to drive product development, leveraging cutting-edge
materials and manufacturing processes.

47
Q

New Product Development Processes

A
  1. Concept Development
  2. Product Design and Preliminary Process Design
  3. Pilot Introduction
  4. Final Process Design
48
Q

Innovative ideas take shape and are evaluated for their demand, feasibility,
alignment with customer or company goal, and resource availability;

A

Concept Development

49
Q

Product Design and Preliminary Process Design

A

Chosen concept takes a tangible form as a design of physical product begins
which also determines the design of the production process;

  • Integration of product and process design is crucial as designed product is not
    only desirable and functional but also feasible and cost effective to produce
50
Q

. Pilot Introduction/Testing

A

Prototypes of products are produced for thorough testing and refining;

  • Essential for identifying potential issues, improving design flows, and ensuring
    that product meets quality standards;
51
Q

Design Process

A

A collection of procedures and habits that help teams design better products;

52
Q

Tedious as succeeding depts. wait For the previous depts to finish

A

Sequential Approach

53
Q
  • All depts work hand-in-hand to make new product
A

Concurrent Approach

54
Q

Why Don’t Different Functional Areas Cooperate?

A
  • they don’t speak the same language
  • they have different performance measures
  • they tend to have different personality types
  • defensive on own turfs
  • in different physical locations
  • don’t have the time
55
Q

also known as the House of Quality

A

Quality Function Deployment (QFD)

56
Q

a structured methodology employed in product design to align customer needs and desires with the design process, resulting in products that are not only functional and innovative but also meet customer expectations.

A

Quality Function Deployment (QFD)

57
Q

Customer Requirements in Product Design

A

Customer requirements should be incorporated from the outset of the product design process to prevent a disconnect between the design team’s vision and the end user’s desires.

58
Q

are key concepts in product design that focus on efficiency, cost-effectiveness, and product quality while meeting customer needs

A

Value Analysis, Design for Manufacturability, and Modular Design

59
Q

a systematic methodology aimed at optimizing products, processes, or
systems by identifying and eliminating unnecessary costs while maintaining or improving
performance and quality.

A

Value Analysis

60
Q

Helpful in eliminating costs in production, reduce complexity, and enhance the feasibility
of mass production

A

Design for Manufacturing (DFM)

61
Q

Multiple products using existing common parts, processes, and modules

A

Modular Design

62
Q

Each module/model serve a specific function and can be dis/assembled
without affecting the rest of the product

A

Modular Design

63
Q
A

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