Patent Law Overview Quiz
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Questions and Answers

What is one of the primary purposes of patent law?

  • To foster and reward inventions (correct)
  • To encourage secrecy in research and development
  • To eliminate competition in industry
  • To limit the availability of innovations to the public

    • Which of the following is NOT a requisite for patentable inventions?

  • Novelty
  • Commercial Viability (correct)
  • Inventive Step
  • Industrial Applicability

    • What characterizes a utility model?

  • It can be patented and renewed indefinitely.
  • It is applicable to any kind of invention.
  • It exclusively covers aesthetic designs.
  • It does not involve an inventive step. (correct)

    • Which of the following is considered a non-patentable invention?

    <p>A method for treatment of animals by surgery</p> Signup and view all the answers

    Who holds the right to a patent if two or more persons jointly create an invention?

    <p>They hold the right to a patent jointly</p> Signup and view all the answers

    If an invention is new but not industrially applicable, it can be categorized as:

    <p>Industrial Design</p> Signup and view all the answers

    What is the maximum duration for which a utility model can be registered?

    <p>7 years without renewal options</p> Signup and view all the answers

    Which of the following is an example of a non-patentable invention?

    <p>A method for playing a specific game</p> Signup and view all the answers

    What happens to a patent application after 18 months from the filing date?

    <p>It is published in the IPO Gazette along with a search document.</p> Signup and view all the answers

    Under what circumstance can the publication of a patent application be restricted?

    <p>If deemed harmful to national security by the Director General.</p> Signup and view all the answers

    What rights does an applicant have after the publication of their patent application?

    <p>Rights that are equal to granted patent rights.</p> Signup and view all the answers

    What must be done to prevent an application from being deemed withdrawn after publication?

    <p>A written request for substantive examination must be made.</p> Signup and view all the answers

    What conditions allow for enforcement of rights conferred by a published patent application?

    <p>The infringer must have actual knowledge of the publication.</p> Signup and view all the answers

    What is the time limit for taking legal action after patent infringement?

    <p>After the patent is granted and within 4 years of infringement.</p> Signup and view all the answers

    What is a restriction concerning amendments during the examination of a patent application?

    <p>No new matter can be introduced in amendments.</p> Signup and view all the answers

    What must the applicant ensure regarding fees when requesting a substantive examination?

    <p>Fees must be paid on time as a condition of request.</p> Signup and view all the answers

    What is the primary purpose of a claim in a patent application?

    <p>To provide a distinct identification of the invention's improvements</p> Signup and view all the answers

    What does a dependent claim do?

    <p>It must refer back to and limit another claim.</p> Signup and view all the answers

    Which statement about multiple dependent claims is correct?

    <p>They are required to refer to other claims in the alternative only.</p> Signup and view all the answers

    In what manner must claims conform to the invention?

    <p>They must have clear support from the description provided.</p> Signup and view all the answers

    What is a recommended practice for an individual applying for a patent?

    <p>To hire a competent attorney or patent agent if unfamiliar with patent procedures.</p> Signup and view all the answers

    What must a characterizing portion of a claim include?

    <p>Technical features desired for protection along with a clear distinction.</p> Signup and view all the answers

    What should be included if an application contains drawings?

    <p>Reference signs related to the technical features should be included.</p> Signup and view all the answers

    What is the significance of employing an attorney-at-law or patent agent in a patent application?

    <p>They help ensure a higher value through skilled preparation of claims.</p> Signup and view all the answers

    What is required of the title of the invention in a patent application?

    <p>It shall be as short and specific as possible.</p> Signup and view all the answers

    What must be done if the same part of the invention appears in more than one view of the drawing?

    <p>It must always be represented by the same character.</p> Signup and view all the answers

    When is a working model of the invention required?

    <p>When the Office needs to understand the precise operation of the machine.</p> Signup and view all the answers

    What should each claim in a patent application contain?

    <p>A clear, concise definition of the matters for which protection is sought.</p> Signup and view all the answers

    What action can an applicant take if a working model cannot be presented due to the invention's physical features?

    <p>Request a plant visit and inspection.</p> Signup and view all the answers

    What is a key characteristic required for the figures in the drawings?

    <p>They must maintain proper proportions between elements.</p> Signup and view all the answers

    How should each original drawing's character be, according to the standard required?

    <p>Brought as nearly as possible to a uniform standard of excellence.</p> Signup and view all the answers

    What must be included in the description if the way of exploitation in the industry is not obvious?

    <p>An explicit indication of the exploitation method.</p> Signup and view all the answers

    What is the maximum term of protection for a utility model?

    <p>10 years from the application date</p> Signup and view all the answers

    Which of the following statements is true regarding invention patents compared to utility models?

    <p>Invention patents undergo substantive examination, while utility models do not</p> Signup and view all the answers

    Which countries primarily provide utility model protection?

    <p>Germany, China, and Japan</p> Signup and view all the answers

    What is a disadvantage of utility models due to the lack of substantive examination?

    <p>Utility models can be more easily challenged</p> Signup and view all the answers

    Which of the following best describes an industrial design?

    <p>A composition of lines or colors that gives a product a special appearance</p> Signup and view all the answers

    What is an integrated circuit primarily intended to perform?

    <p>An electronic function</p> Signup and view all the answers

    How long does it typically take to obtain a utility model?

    <p>1 year</p> Signup and view all the answers

    What does the term 'layout-design' refer to in the context of integrated circuits?

    <p>The three-dimensional arrangement of elements in an integrated circuit</p> Signup and view all the answers

    Under what circumstance can a government agency exploit a patented invention without the patent owner's agreement?

    <p>If there is a national emergency concerning drugs and medicines</p> Signup and view all the answers

    What must happen if the demand for a patented article is deemed inadequate in the Philippines?

    <p>The Secretary of Health must make a determination</p> Signup and view all the answers

    What characterizes the government's use of a patented invention in extreme urgency?

    <p>It must be limited to the authorized purpose</p> Signup and view all the answers

    Which of the following is NOT a condition for the government’s use of a patented invention?

    <p>Patent owner's agreement for usage</p> Signup and view all the answers

    What type of remuneration should a right holder receive if the government exploits their patent?

    <p>Adequate remuneration based on circumstances</p> Signup and view all the answers

    In situations of public non-commercial use of a patent, which statement is true?

    <p>Use is allowed without satisfactory reason</p> Signup and view all the answers

    Which of the following does NOT fall under the situations outlined for the government’s use of an invention?

    <p>Private commercial exploitation by the patent owner</p> Signup and view all the answers

    Which court holds exclusive jurisdiction over cases arising from the implementation of the provisions regarding government use of inventions?

    <p>Supreme Court of the Philippines</p> Signup and view all the answers

    Study Notes

    Patentability

    • Patents incentivize innovation, disseminate knowledge, and prevent claims on existing ideas.
    • Patentable inventions require novelty, an inventive step, and industrial applicability.

    Patentable Inventions

    • Novelty means the invention isn't part of prior art.
    • An inventive step means the invention isn't obvious to a skilled professional in the field.
    • Industrial applicability means the invention can be produced and used in any industry.

    Non-Patentable Inventions

    • Discoveries, scientific theories, mathematical methods, schemes, and computer programs for acts.
    • Methods of treating the human or animal body through surgery, diagnosis, or therapy.
    • Plants and animals, their varieties, or essentially biological processes for their production.
    • Aesthetic creations.
    • Anything against public order or morality.

    Right to a Patent

    • If two or more people jointly invent, the patent belongs to them jointly.
    • If two or more people independently invent, the patent belongs to whoever filed the application first.
    • Inventions developed through a commission belong to the person who commissioned them unless the contract states otherwise.
    • Employee inventions developed during employment belong to the employee except in contract stipulations or if the invention was related to their regular work duties.

    Patent Application

    • Any person, natural or juridical (except prohibited entities) can apply for a patent.
    • If the applicant is not the inventor, proof of authority is required.
    • The legal entity applying must be recognized by law for its separate legal personality.
    • In cases of death, insanity, or incapacitation, a legally designated representative can file for the application.
    • The application must be in Filipino or English and include a request, description, and drawings of the invention.
    • Resident agents or representatives must be appointed outside the Philippines for applications.

    Patent Application (continued)

    • A working model may be required for demonstration and clearer understanding of operation.
    • A plant visit/inspection may be requested if a working model isn't possible.
    • Claims must define the invention, be clear, supported by description, and distinctly claim the parts of the invention.
    • One or more claims, depending on the complexity, can be filed, covering related ideas if appropriate.
    • Claims must be supported by the provided description.
    • Abstract summarizing the description, claims, and drawings should not be over 150 words.

    Patent Application (continued)

    • The invention should relate to ONE invention only, or a group with a singular inventive concept.
    • The application must identify the inventor.
    • The application relating to a foreign patent should be provided.
    • Applications must fulfil formal rules within a specific timeframe.
    • Applications will be published after specified time.
    • Publication is followed by a search for prior art (existing patents and knowledge).

    Patent Application (continued)

    • Observations and comments from third parties can be filed in the application's record.
    • A request for substantive examination must be made within 6 months of publication.
    • Amendments are permitted but cannot introduce new matter.
    • Final requirements of application and fees must be paid on time—failure to comply leads to withdrawal.
    • The grant of a patent is dependent upon meeting all requirements and timely fees.
    • Applications are considered withdrawn if requirements are not met.
    • Patents are granted in the name of the Philippines.
    • The patent covers the 20 years following its application.

    Annual Fees

    • The application requires annual fees to be paid to maintain the patent until expiration of four (4) years, and each subsequent anniversary of the date.
    • Annual fees must be paid within a grace period of 3 months before due date to maintain the patent. Without payment, the application will be considered withdrawn.

    Patent Surrender

    • Patent owners can surrender their patent and claims, with the consent of all affected parties, for cancellation.
    • The office will consider opposition to the surrender.
    • The patent ceases to have any legal effect after the acceptance of surrender.

    Correction of Mistakes

    • The director can correct mistakes in the application or patent records when clearly disclosed.
    • Corrections should be made without charge.
    • Corrections should not result in a broadening of the patent.

    Changes in Patents

    • The owner of a patent has the right to request changes in the patent.
    • Changes are permitted to: (i) Narrow the extent of protection; (ii) rectify obvious errors; and (iii) correct (in good faith) errors that don't broaden the patent.
    • Requests must be supported and not result in expanding patent claims already presented in the original application.
    • Changes should be publicized in the IPO Gazette, after which the patent records reflect changes to the document.

    Cancellation of Patents

    • A patent can be cancelled if it doesn't satisfy claims requirements or isn't novel.
    • The cancellation must be initiated with a verified petition by a concerned party.
    • The petition must clearly state the grounds, facts, supporting documents, and translations if necessary.

    Cancellation of Patents (continued)

    • Cancellations must follow the IPO's required procedures, and specific criteria.
    • The director can assign a committee to judge complex cases.
    • Following the cancellation of a patent, the rights are terminated.
    • A notice of cancellation is published in the official Gazette.

    Remedies of Persons Who Don't Hold the Right to a Patent

    • A party not holding the patent rights but involved in it may seek to take over the application or launch a new patent application.
    • If someone is declared as the true inventor because of fraud, the court can order the wrongful inventor's replacement or, alternatively, invalidate the patent.

    Remedies of Persons With the Right To a Patent

    • If a party is prejudiced by an infringement of a patent, they can bring a civil action in a court with jurisdiction.
    • If damages are indeterminate, the court may assess a reasonable royalty as compensation.
    • Damages may be assessed beyond the amount of damages or, to appropriately address cases relating to materials or goods, they can be disposed of outside commerce.

    Remedies of Persons With the Right To a Patent (continued)

    • Limitations on damages recovery include time limits (4 years before action begins).
    • Defenses to a claim for infringement might include the invalidity of the patent or another claim in the application.
    • If the court invalidates a patent, or a part, the director of legal affairs will have to record the decision in the register and publish it in the official Gazette.

    Utility Models

    • Utility models are a form of intellectual property protection with a shorter term.
    • They protect minor inventions or incremental improvements.
    • Compared with patents, they have reduced examination and are typically faster to obtain.

    Industrial Design and Layout Designs

    • Industrial Designs are compositions of lines, colors, or three-dimensional forms that create a distinctive appearance to a product or handicraft.
    • Integrated Circuits describe elements, including active ones, with interconnections intended for electronic function.
    • Layout designs, or topographies, include the positioning of elements and interconnections within an integrated circuit.

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    Related Documents

    Law on Patents - Intellectual Property Code of the Philippines PDF

    Description

    Test your knowledge on the fundamentals of patent law with this quiz. Explore concepts such as the requisites for patentable inventions and the characteristics of utility models. Understand the rights associated with patents and identify non-patentable inventions.

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