18 Questions
What is the primary purpose of Intellectual Property Rights?
To grant intangible property rights to owners of intellectual creations
Which of the following is not a type of patentable invention?
A novel literary work
What is a trademark?
Any visible sign capable of distinguishing the goods or services of an enterprise
What are the four categories of intellectual property protected under the law?
Inventions, Utility Models, Industrial Designs, and Lay-Out Designs
What is protected under Industrial Design Protection?
Novel and original designs
What is protected under Copyright Law?
Original intellectual creations in the literary and artistic domain
What is a patentable invention?
Any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable
What is NOT considered a patentable invention?
A scientific theory or mathematical method
What is the main difference between a trademark and a trade name?
A trademark is used to distinguish goods, while a trade name is used to identify an enterprise
What is an exception to the non-patentability of methods for treatment of the human and animal body?
Products and compositions for use in any of these methods
What law amended the Intellectual Property Code and placed Lay-Out Designs (Topographies of Integrated Circuits) under the Law on Patents?
RA 8293 as amended by RA 9502
What is the purpose of RA 9502?
To make medicines cheaper and more accessible
What is excluded from patentability under the Exceptions provision?
Micro-organisms
What is the primary requirement for an invention to be considered novel?
It must not form part of a prior art
What constitutes prior art?
Everything which has been made available to the public anywhere in the world before the filing date
What is the requirement for an application to be considered prior art under Section 24.1 of RA 8293?
It must have a filing or priority date that is earlier than the filing or priority date of the application
What is the condition for an application to be considered prior art under Section 24.2 of RA 8293?
The applicant or the inventor identified in both applications are not one and the same
What is the additional requirement for patentability under Section 22 of the Act?
Patentable subject matter
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.
This quiz covers the basics of Intellectual Property Rights, including copyright, trademarks, and patents, as outlined in the Intellectual Property Code of the Philippines. It also touches on intangible property rights, inventions, and literary works.
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