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Questions and Answers
What is the primary purpose of Intellectual Property Rights?
What is the primary purpose of Intellectual Property Rights?
- To grant intangible property rights to owners of intellectual creations (correct)
- To grant physical property rights to owners
- To promote intellectual property theft
- To regulate trade mark registrations
Which of the following is not a type of patentable invention?
Which of the following is not a type of patentable invention?
- A new business model
- An industrially applicable invention
- A technical solution to a problem in any field of human activity
- A novel literary work (correct)
What is a trademark?
What is a trademark?
- A patented invention
- A unique literary work
- Any visible sign capable of distinguishing the goods or services of an enterprise (correct)
- A trade name
What are the four categories of intellectual property protected under the law?
What are the four categories of intellectual property protected under the law?
What is protected under Industrial Design Protection?
What is protected under Industrial Design Protection?
What is protected under Copyright Law?
What is protected under Copyright Law?
What is a patentable invention?
What is a patentable invention?
What is NOT considered a patentable invention?
What is NOT considered a patentable invention?
What is the main difference between a trademark and a trade name?
What is the main difference between a trademark and a trade name?
What is an exception to the non-patentability of methods for treatment of the human and animal body?
What is an exception to the non-patentability of methods for treatment of the human and animal body?
What law amended the Intellectual Property Code and placed Lay-Out Designs (Topographies of Integrated Circuits) under the Law on Patents?
What law amended the Intellectual Property Code and placed Lay-Out Designs (Topographies of Integrated Circuits) under the Law on Patents?
What is the purpose of RA 9502?
What is the purpose of RA 9502?
What is excluded from patentability under the Exceptions provision?
What is excluded from patentability under the Exceptions provision?
What is the primary requirement for an invention to be considered novel?
What is the primary requirement for an invention to be considered novel?
What constitutes prior art?
What constitutes prior art?
What is the requirement for an application to be considered prior art under Section 24.1 of RA 8293?
What is the requirement for an application to be considered prior art under Section 24.1 of RA 8293?
What is the condition for an application to be considered prior art under Section 24.2 of RA 8293?
What is the condition for an application to be considered prior art under Section 24.2 of RA 8293?
What is the additional requirement for patentability under Section 22 of the Act?
What is the additional requirement for patentability under Section 22 of the Act?
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Study Notes
Intellectual Property Rights
- Intellectual Property Rights are intangible property rights granted by law to owners of intellectual creations.
- IP Code of the Philippines deals with:
- Copyright and related rights
- Trademarks and service marks
- Geographical indications
- Industrial Designs
- Patents
- Layout Designs
- Protection of undisclosed Information
Differences Between Copyright, Trademarks, and Patents
- Trademarks distinguish goods/services of an enterprise from another.
- Copyrights protect original intellectual creations in literary and artistic domain.
- Patents refer to technical solutions to problems in any field of human activity.
Patents
- Patentable inventions are technical solutions to problems in any field of human activity that are new, involve an inventive step, and are industrially applicable.
- Categories of patentable inventions:
- Inventions
- Utility Model
- Industrial Designs
- Lay-Out Designs (Topographies of Integrated Circuits)
Non-Patentable Inventions
- Discoveries, scientific theories, and mathematical methods
- Mere discoveries of new forms or properties of known substances
- New uses for known substances
- Schemes, rules, and methods for performing mental acts, playing games, or doing business
- Methods for treatment of human/animal body by surgery/therapy, diagnostic methods
- Plant varieties/animal breeds, essentially biological processes
- Aesthetic creations
- Anything contrary to public order or morality
Standards for Registrability of Invention Patent
- Novelty
- Involves an inventive step
- Industrially applicable
- Additional requirements:
- Patentable subject matter
- Sufficient disclosure
Novelty
- An invention is not considered new if it forms part of prior art.
- Prior art consists of everything made available to the public anywhere in the world before the filing date or priority date of the application claiming the invention.
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