Law on Patents
1. I. After publication of a patent application, any interested party may inspect the
application documents filed with the Intellectual Property Office.
II. Following the publication of the patent application, any person may present
observations in writing concerning the patentability of the invention. Such observations
shall be communicated to the applicant who may comment on them.
Both are true
2. I. If the subject matter of a patent is a process of obtaining a product, any identical
product shall be presumed to have been obtained through the use of the patented
process if the product is new or there is substantial likelihood that the identical product
was made by the process and the owner of the patent has been unable despite
reasonable efforts, to determine the process actually used.
II. Damages cannot be recovered for acts of infringement committed before the infringer
had known; or had reasonable grounds to know of the patent.
Both are true
3. The making, using, offering for sale, selling, or importing a patented product or a product
obtained directly or indirectly from a patented process, or the use of a patented process
without the authorization of the patentee constitutes:
Patent infringement
4. Prior art shall consist of:
I. Everything which has been made available to the public anywhere in the world, before
the filing date or the priority date of the application claiming the invention.
II. The whole contents of an application for a patent, published, filed or effective in the
Philippines, with a filing or priority date that is earlier than the filing or priority date of the
application.
Both are true
5. A Government agency or third person authorized by the Government may exploit the
invention even without agreement of the patent owner where:
I. The public interest, in particular, national security, nutrition, health or the development
of other sectors, as determined by the appropriate agency of the government, so
requires.
II. A judicial or administrative body has determined that the manner of exploitation, by
the owner of the patent or his licensee, is anti-competitive.
Both are true
6. I. Patent owners shall also have the right to assign, or transfer by succession the patent,
and to conclude licensing contracts for the same.
II. Any prior user, who, in good faith was using the invention or has undertaken serious
preparations to use the invention in his enterprise or business, before the filing date or
priority date of the application on which a patent is granted, shall have the right to
continue the use thereof as envisaged in such preparations within the territory where the
patent produces its effect.
Both are true
7. In case the employee made the invention in the course of his employment contract, the
patent shall belong to:
I. The employee, if the inventive activity is part of his regular duties even if the
employees uses the time, facilities and materials of the employer.
II. The employer, if the invention is the result of the performance of his
regularly-assigned duties, unless there is an agreement, express or implied, to the
contrary.
Only II is true
8. I. If two 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 applications for such
invention. II. Where two or more applications are filed for the same invention, the right to
a patent belongs to the applicant who has the earliest filing date or, the earliest priority
date.
Both are true
9. I. No patent may be granted unless the application identifies the inventor.
II. An applicant who is not a resident of the Philippines must appoint and maintain a
resident agent or representative in the Philippines.
Both are true
10. It means any person who, at the filing date of application, had the right to the patent.
Inventor
11. I. Any patentee, or anyone possessing any right, title or interest in and to the patented
invention, whose right have been infringed, may bring a civil action before a court
competent jurisdiction, to recover from the infringer such damages sustained thereby,
plus attorney's fees and other expenses of litigation, and to secure an injunction for the
protection of his rights. II. Anyone who actively induces the infringement of a patent 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 be liable as a
contributory infringer and shall be jointly liable with the infringer.
Only I is true
12. I. An invention that can be produced and used in any industry shall be industrially
applicable. II. An invention involves an inventive step if, having regard to prior art, it is
not obvious to a person skilled in the art at the time filing date or priority date of the
application claiming the invention.
Both are true
13. Any interested person may petition to cancel the patent or any claim thereof, or parts of
the claim, on the following ground/s:
All of the above
14. If a person, who was deprived of the patent without his consent or through fraud is
declared by final court order or decision to be the true and actual inventor, the court shall
order:
I. For his substitution as patentee.
II. At the option of the true inventor, cancel the patent, and award actual and other
damages in his favor if warranted by the circumstances.
Both are true
15. I. The term of a patent shall be 17 years from the filing date of the application.
II. To maintain the patent application or patent, an annual fee shall be paid upon the
expiration of 4 years from the date the application was published.
Only II is true
16. Which of the following are 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.
17.
