Intellectual Property Code

INTELLECTUAL PROPERTY CODE
Multiple Choice Questions
Law 505 – FUEGO BATCH

2018 - 2019
Intellectual Property Office and Law on Patents (1)
1. One of the requirements for a valid patent application is that it must involve an inventive
step. Which of the following is not false concerning an inventive step?
A. It must not be immediately recognizable or knowable.

B. It does not require a thought process or thinking.
C. It must be obvious to a person skilled in the art at the time of the filing date or the priority
date of the application claiming the invention.
D. It should be a new idea that is readily acceptable by the patent's applicable industry.
Answer: A
2. Statement 1: If a foreign country gives certain intellectual rights to Philippine Nationals, the
nationals of that foreign country will be given the same treatment in the Philippines. This is
called the reciprocity rule.
Statement 2: If a foreign country does not give certain intellectual rights to Philippine nationals,
the nationals of that foreign country won't be given certain intellectuals rights. This is called the
reverse reciprocity rule.
A. Only Statement1 is False

B. Only Statement 2 is False
C. Both Statements are True
D. Both Statements are False
Answer: B
3. Decision concerning the cancellation of a patent may be appealed to the ________.
A. Director of Legal Affairs

B. Chairman of the Committee
C. Committee
D. Director General
Answer: D
4. Which of the following is not considered as an Intellectual Property Right?
A. Copyright and Related Rights

B. Protection of Disclosed Information
C. Geographic Indications
D. Patent
INTELLECTUAL PROPERTY CODE | Fuego Batch

Answer: B
5. Statement 1: The decision or order to cancel by the Director of Legal Affairs shall be
immediately executory even pending appeal.
Statement 2: Any interested person, upon the payment of the required fee, petition to cancel
the patent or any claim thereof.
Statement 3: The Committee is composed of the Director General as Chairman, and two (2)
other members: the Director of General Affairs and one industry expert.
Which of the following statements are true?
A. 1 only
B. 1 and 2
C. 2 and 3
D. All of the above statements are true
Answer: B
6. The following shall be excluded from patent protection, except:
a. Schemes, rules and methods of performing mental acts

b. Aesthetic creations
c. Anything which is not contrary to public order or morality
d. Discoveries, scientific theories and mathematical methods
ANSWER: C
7. Statement 1: An invention can be considered new if it forms part of a prior art.
Statement 2: 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 of the filing date or priority date of the
application claiming the invention.
a. Only statement 1 is true.

b. Only statement 2 is true.
c. Both statements are true.
d. Both statements are false.
ANSWER: B
8. The following are the requisites of a patent, except:

a. It must not form part of a prior art.
b. It must be industrially applicable.
c. It must involve an inventive step.
d. It must not involve a technical solution of a problem in any field of human activity.
ANSWER: D
9. Statement 1: Plant varieties or animal breeds or essentially biological process for the
production of plants or animals is excluded from patent protection.
Statement 2: Prior art shall consist of 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.

ANSWER: C
10. This means the date of filing of the foreign application for patent filed by any person who
has previously applied for the same invention in another country which by treaty, convention, or
law affords similar privileges to Filipino citizen.
a. Priority date
b. Application date
c. Filing date
d. None of the above
ANSWER: A
11. Statement I: The rights conferred to a patent holder are different from the rights accorded
to a patent applicant.
Statement II: The right of the prior user may only be transferred or assigned together with his
enterprise or business, or with that part of his enterprise or business in which the use or
preparations for use have been made.

ANSWER: B

12. Statement I: A product which forms part of a prior art, can be validly registered as a patent.
Statement II: The right of a patent holder to license out his patent is always voluntary.

ANSWER: D
13. Any technical solution of a problem in any field of human activity which is new, involves an
inventive step and is industrially applicable.
a. Aesthetic Creations
b. Industrial Design
c. Patentable Invention
d. Patented Process
ANSWER: C
14. Statement I: Products, medicines, & materials used in any method for treatment of the
human or animal body by surgery or therapy and diagnostic methods practiced on the human or
animal body is not patentable
Statement II: In case the employee made the invention in the course of his employment
contract, the patent shall belong to the employee, 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.

ANSWER: D
15. The patent application shall contain the following, except:
a. A request for the grant of a patent

b. Registration statement
c. Drawings necessary for the understanding of the invention
d. An abstract

ANSWER: B
16. These are contested cases filed before the Intellectual Property Office.
a. Action for unfair competition

b. Action for infringement of Trademark
c. Civil Proceedings
d. Inter Partes
ANSWER: D
17. The following are the required forms of assignment of an invention, except:
a. In writing;
b. Duly endorsed by the Bureau of Legal Affairs;
c. Notarized; and
d. Certified under the hand and official seal of the notary or such other officer.
ANSWER: B
18. There is infringement of patent under this test if one makes, uses or sells an item that
contains all the elements of the patent claim.
a. Essay-type Test
b. Economic Interest Test
c. Literal Infringement Test
d. Doctrine of Equivalents Test
ANSWER: C
19. Statement I: Voluntary Licensing refers to the grant by the patent owner to a third person of
the right to exploit a patented invention.
Statement II: Compulsory Licensing refers to the grant by the Director of Legal Affairs of a
license to exploit of a patented invention without the permission of the patent holder.
Statement III: National emergency and public interest are grounds for the application of
compulsory licensing.
a. Only statement I is true.

b. Only statement II is true.
c. Statements I and II are true.
d. All statements are true.
ANSWER: D

20. Arrange the following outline for patent application in the correct order.
I – Publication of Patent Application

II – Publication upon grant of patent
III – Amendment of Application
IV – Examination of Application
V – Grant of Patent
VI – Filing of the application form with the Bureau of Patents of the IPO
a. VI, IV, I, III, V, II

b. VI, IV, III, I, V, II
c. VI, I, IV, III, V, II
d. VI, I, III, IV, V, II
ANSWER: A
1.) According to R.A. 8293, the term “intellectual property rights” consists of the
following, except:
a. Contracts or agreements involving the transfer of systematic knowledge
b. Protection of unclosed information
c. Geographic indications
d. Layout-designs of integrated circuits
2.) The Office shall be headed by a Director General who shall be assisted by ______
Deputies Director General, and shall be divided into ______ Bureaus.
a. 2, 5
b. 2, 6
c. 3, 5
d. 3, 6
3.) The patent application shall contain all of the following, except:
a. Drawing necessary for the understanding of the invention
b. One or more claims
c. Abstract
d. All of the choices are correct
4.) Statement I: The Director is not authorized to correct any mistake in a patent of a
formal and clerical in nature, not incurred through the fault of the Office.

Statement II: The Director shall have the power to correct, with fee, any mistake in
a patent incurred through the fault of the Office when clearly disclosed in the
records thereof, to make the patent conform to the records.
a. True, True
b. True, False
c. False, True
d. False, False
5.) The Director Generals, Deputies Director Generals, Directors and Assistant
Directors shall be appointed by the _________, and the other officers and
employees of the Office by the _________.
a. President, President
b. Secretary of Trade and Industry, Secretary of Trade and Industry
c. President, Secretary of Trade and Industry
d. Secretary of Trade and Industry, President
6.) The Director General and Deputies Director General shall be appointed for a term
of ____ years.
a. 3
b. 5
c. 7
d. 9
7.) The Administrative Service under the Administrative, Financial and Human
Resource Development Service Bureau shall:
a. Publish patent applications and grants, trademark applications, and
registration of marks, industrial designs, utility models, geographic
indication, and layout-designs of integrated circuits registrations
b. Formulate and manage a financial program to ensure availability and proper
utilization of funds
c. Maintain registers of assignments, mergings, licenses and bibiliographic on
patents and trademarks
d. Design and implement human resource development plans and programs
for the personnel of the Office
8.) Which is not one of the Bureaus of the IPO?

a. Bureau of Patents
b. Bureau of Trademarks
c. Bureau of Copyrights
d. Bureau of Legal Affairs

9.) Which of the following are patentable?
a. Methods for treatment of the human or animal body by surgery or therapy
and diagnostic methods practiced on the human or animal body
b. Schemes, rules and methods of performing mental acts, playing games or
doing business, and programs for computers
c. Aesthetic creations
10.) The following are functions of the Intellectual Property Office, except:
a. Coordinate with other government agencies and the private sector efforts
to formulate and implement plans and policies to strengthen the protection
of intellectual property rights in the country
b. Manage and direct all functions and activities of the Office
c. Administratively adjudicate contested proceedings affecting intellectual
property rights
d. Promote the use of patent information as a tool for technology development
11. The following are true regarding the cancellation of patents except:
A. If the Committee finds that a case for cancellation has been proved, it shall
order the patent or any specified claim or claims thereof cancelled.
B. If the Committee finds that, taking into consideration the amendment made by
the patentee during the cancellation proceedings, the patent and the invention
to which it relates meet the requirement of this Act, it may decide to maintain
the patent as amended: Provided, That the fee for printing of a new patent is
paid within the time limit prescribed in the Regulations.
C. If the fee for the printing of a new patent is paid in due time, the patent should
be revoked.
D. If the patent is amended under Subsection 65.2 hereof, the Bureau shall, at the
same time as it publishes the mention of the cancellation decision, publish the
abstract, representative claims and drawings indicating clearly what the
amendments consists of.
12. 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. If a person, who was deprived of the patent without his consent or through fraud
is declared by final court order for his substitution as patentee, or at the option of
the true inventor, cancel the patent, and award actual and other damages in his
favor if warranted by the circumstances
A. Only one statement is True

B. Only one statement is False

C. Both statements are True
D. Both statements are False
13. No damages can be recovered for acts of infringement committed more than ___
years before the institution of the action for infringement.
A. 3
B. 4
C. 5
D. 6
14. Criminal Action for Repetition of Infringement, if after finality of the judgement if the
court against the infringer, the offenders shall suffer:
A. Imprisonment for the period of not less than six (6) months but not more than
three (3) years.
B. Fine of not less than One hundred thousand pesos (P100,000) but not more
than Three hundred thousand pesos (P300,000)
C. Imprisonment for the period of not less than six (6) months but not more than
three (3) years and Fine of not less than One hundred thousand pesos
(P100,000) but not more than Three hundred thousand pesos (P300,000).
D. All of the above
15. The following provisions shall be deemed prima facie to have an adverse effect on
competition and trade:
I. Those which impose upon the licensee the obligation to acquire from a
specific source capital goods, intermediate products, raw materials, and
other technologies, or of permanently employing personnel indicated by the
licensor.
II. Those pursuant to which the licensor reserves the right to fix the sale or
resale prices of the products.
III. Those that contain restrictions regarding the volume and structure of
production.
IV. Those that allow the use of competitive technologies in a non-exclusive
technology transfer agreement.
V. Those that establish a full or partial purchase option in favor of the licensor.
A. Only I and II
B. Only III and IV
C. Only I,II,III,V
D. I,II,III,IV,V

16. In the absence of any provision to the contrary in the technology transfer
arrangement, the grant of a license shall not prevent the licensor from granting
further licenses to third person nor from exploiting the subject matter of the
technology transfer arrangement himself. The statement refers to the ______
A. Rights of Licensor
B. Rights of Licensee
C. Rights of the Government Officers
D. Rights of the Criminal Offender
17. The ______ shall be entitled to exploit the subject matter of the technology transfer
arrangement during the whole term if the technology transfer arrangement.
A. Licensor
B. Licensee
C. Government Officer
D. Criminal Offender
18. The following are grounds for Compulsory Licensing, except:

A. National emergency or other circumstances of extreme urgency
B. Where the public interest, in particular, national security, nutrition, health or the
development of other vital sectors of the national economy as determined by the
appropriate agency of the Government so requires
C. Where a judicial or administrative body has determined that the manner of
exploitation by the owner of the patent or his licensee is anti-competitive
D. None of the above
19. I. Patent or applications for patents and invention to which they relate, shall be
protected in the same way as the rights of other property under the Civil Code.
II. Inventions and any right, title or interest in and to patents and inventions covered
thereby, may be assigned or transmitted by inheritance or bequest or may be the
subject of a license or contract.
A. Only one statement is true.
B. Only one statement is false.
C. Both statements are true.
D. Both statements are false.

20. The registration of an industrial design shall be for a period of ____ years from the
filing date of the application.
A. 3
B. 4
C. 5
D. 6
1. In case the employee made the invention in the course of his employment contract, the
patent shall belong to:
a. The employer, if the inventive activity is not a part of the employee’s regular duties
even if the employee uses the time, facilities and materials of the employer
b. The employee, 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
c. The employee, if the inventive activity is not a part of his regular duties even if the
employee uses the time, facilities and materials of the employer
d. The employer, if the employee uses the time, facilities and materials of the
employer
2. The term of a patent shall be _ years from the filing date of the application.
a. 15 c. 10
b. 20 d. 25
3. Which of the following is not a procedure for grant of Patent?

a. Filing Date Requirements c. According a Filing Date
b. Formality Examination d. Classification and Search
4. It shall consist of a concise summary of the disclosure of the invention as contained in the
description, claims and drawings in preferably not more than one hundred fifty (150) words.
a. Summary c. Description
b. Abstract d. Disclosure
5. The right to a patent belongs to the

a. Inventor d. Only a and b
b. his heirs e. All of the above
c. his assigns

6. Regarding Disclosure and Description of the invention, The application shall disclose the
invention in a manner sufficiently clear and ____ for it to be carried out by a person skilled
in the art.
a. Timely
b. Relevant
c. Complete
d. Useful
7. Statement 1: The request shall contain a petition for the grant of the patent, the name and
other data of the applicant, the inventor and the agent and the title of the invention.
Statement 2: The patent application shall be in Filipino or English.
Statement 3: A patent application, which has not yet been published, and all related
documents, may be made available for inspection without the consent of the applicant.
a. Statement 1 is True; Statement 2 is False; Statement 3 is True

b. Statement 1 is True; Statement 2 is True; Statement 3 is False
c. Statement 1 is True; Statement 2 is True; Statement 3 is True
d. Statement 1 is False; Statement 2 is True; Statement 3 is False
8. Which of the following is not a valid reason for revoking a registered intellectual property
right?
a. The invention is not patentable invention
b. The patent was granted to person who was not entitled to it
c. The patent applicant already has a similar patent in their name
d. The patent does not disclose the invention clearly enough for it to be performed by
a person skilled in the art
9. The rights of a patentee are

a. Sell or distribute
b. License
c. Assign the property to others
d. All of the above
10. You can infringe a patent by:

a. Making a product for your own personal use
b. Making different products to the invention in order to research their technical
effectiveness
c. Selling the main components of the product, together with instructions how to
assemble it using commonly available fastening components such as nuts, bolts,
cable-ties and so on
d. Publishing drawings of the product on your website
11. Which of the following remedies are not available for patent infringement?

a. damages in the amount of the profits the patentee would have received but for the
infringement
b. damages in the amount of the defendant’s profits that result from the defendant’s
infringing activity
c. damages measured by computing reasonable royalties
d. an injunction prohibiting further manufacture of a claimed invention
12. Petition for revocation of a patent shall be filed at:

a. Intellectual Property Office
b. Any of the branch office
c. Supreme Court
d. All of the above
13. In a process patent, burden of proof in case of infringement lies on:

a. Only the Plaintiff
b. Defendant
c. On the District Court
14. Statement 1: In the case of drugs and medicines, there is an inventive step if the invention
results from the mere discovery of a new form or new property of a known substance.
Statement 2: Everything which has been made available to the public anywhere in the world,
after the filing date or the priority date of the application claiming the invention is considered
a prior art.
a. Statement 1 is true.
b. Statement 2 is true.
15. All of the following describes an undisclosed information, except:

a. Not generally known among, or readily accessible to persons within the circles that
normally deal with the kind of information in question.
b. Has no commercial value
c. Has been subjected to reasonable steps under the circumstances, by the person
lawfully in control of the information, to keep it a secret
d. All of the above statements are correct.
16. Statement 1: Trademark is any technical solution of a problem in any field of human activity
which is new, involves an inventive step and is industrially applicable.
Statement 2: Patentable invention is any technical solution of a problem in any field of human
activity which is new and only involves an inventive step.
Statement 3: Tradename is any visible sign capable of distinguishing the goods (trademark) or
services (service mark) of an enterprise and shall include a stamped or marked container of
goods.

Statement 4: Copyright is a literary and artistic works which are original intellectual creations
in the literary and artistic domain protected from the moment of their creation.
a. One statement is false.
b. Two statements are false.
c. Three statements are false.
d. All statements are false.
17. The term of office of the first Director General is:

a. 3 years c. 6 years
b. 5 years d. 7 years
18. Which of the following is a function of the Intellectual Property Office?

a. It shall have custody of all records, books, drawings, specifications, documents, and
other papers and things relating to intellectual property rights applications filed
with the Office.
b. It shall maintain and upkeep classification systems whether they be national or
international such as the International Patent Classification (IPC) system.
c. It shall exercise original jurisdiction in administrative complaints for violations of laws
involving intellectual property rights.
d. All of the above mentioned are functions of the IPO.
19. This Act shall be known as the "Intellectual Property Code of the Philippines."
a. R.A. 9283 c. R.A. 9823
b. R.A. 8293 d. R.A. 8392
20. The qualifications of the Director General and the Deputies Director General shall include all
of the following, except:
a. Must be natural born citizens of the Philippines
b. At least thirty-five (35) years of age on the day of their appointment
c. Holders of a college degree
d. The Director General and the Deputies Director General shall be members of the
Philippine Bar who have engaged in the practice of law for at least ten (10) years:
Law on Trademarks and Copyrights (4)
1. The term of protection of works of applied arts is:

a. Lifetime of the author, plus fifty (50) years after his death
b. Twenty-five (25) years from the date of making
c. Fifty (50) years from the date of publication and, if unpublished, from the date of making.

2. The term of protection for copyrighted works under Section 172 and 173 is:
a. Lifetime of the author, plus fifty (50) years after his death
b. Twenty-five (25) years from the date of making
c. Fifty (50) years from the date of publication and, if unpublished, from the date of making.
3. Copyrightable works are protected

a. after examination
b. from the moment of creation
c. upon registration
d. upon adoption
4. In the case of work created by an employee during and in the course of his employment,
ownership of copyright shall be determined based on:
a. Whether or not there is an agreement by the parties
b. Whether or not the creation of the object of copyright is part of his regular duties
c. Whether or not the employee used the time, facilities and materials of the employer
5. What is a well-known mark?

a. a mark that is popular and known all over the world
b. a mark that is also declared by a competent and authoritative business based on its
profitability
c. a mark which is declared as such by a judge based on a certain given criteria
d. none of the above
6. When may a mark that is identical with, or confusingly similar to, or constitutes a translation of
a mark considered well-known in Section 123.1, par. e, which is registered in the Philippines, be
registrable?
a. When the goods or services are similar to those with respect to which registration is applied
for
b. Never registrable
c. When the goods or services are not similar to those with respect to which registration is
applied for
d. Always registrable
7. Any visible sign capable of distinguishing goods or services of an enterprise and shall include a
stamped or marked container of goods would be a:
a. Logo
b. Lay-out Design
c. Geographical Indications
d. Trademark

8. The term of Broadcasts is:
a. Fifty (50) years from the end of the year which they took place
b. Thirty (30) years from the end of the year they took place
c. Twenty (20) years from the date they took place
9. It means the name or designation identifying or distinguishing an enterprise

a. Trademark
b. Service mark
c. Collective mark
d. Trade name
10. How may a right over trademark, service mark or collective mark created or protected by law?
a. It must be registered with IPO
b. It is created or protected from the moment of creation
c. It must be notarized
d. It is protected upon publication in a newspaper of general circulation
11. How may a right over a trade name be created or protected by law?
a. It must be registered with IPO
b. It is created or protected from the moment of creation
c. It is protected from the moment of usage of trade name
d. It is protected upon publication in a newspaper of general circulation
12. Which of the following marks is registrable?

a. Marks consisting of flag or coat of arms or other insignia of the Philippines or any of its
political subdivisions, or of any foreign nation, or any simulation thereof
b. Marks consisting exclusively of signs that are generic for the goods or services that they seek
to identify
c. Marks consisting of shapes that may be necessitated by technical factors or by the nature of
the goods themselves or factors that affect their intrinsic value
d. Marks consisting of a color but with a defined form or shape
13. Which of the following marks is non-registrable?

a. Portrait or signature or name of deceased Philippine President with the written consent of
widow
b. Confusingly similar to a well-known mark
c. Drawing of a car which is not similar to other marks
d. Marks not contrary to public order or morality
14. What is the legal term of trademark or service mark?

a. Life of the right holder plus 50 years after his death
b. 20 years

c. 10 years but subject to unlimited renewal
d. Indefinite
15. It refers to trademark infringement test that focuses on the similarity of the main, prevalent or
essential features of the competing trademarks that might cause confusion
a. Literal infringement test
b. Doctrine of Equivalents Infringement test
c. Holistic test
d. Dominancy test
16. Which of the following works can be protected by copyright?

a. Computer programs and games
b. Any idea, procedure, system or mere data as such, even if they are expressed, explained,
illustrated or embodied in a work
c. News of the day and other miscellaneous facts having the character of mere items of press
information
d. Any official text of a legislative, administrative or legal nature, as well as any official
translation thereof
17. Which of the following works cannot be protected by copyright?

a. Method or operation, concept, principle or discovery
b. Drawings or plastic works of a scientific or technical character
c. Pictorial illustrations and advertisements
d. Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of
art; models or designs for works of art
18. Which of the following is not a valid defense for copyright infringement?
a. The work is not copyrightable
b. Doctrine of fair use
c. The infringer acted in good faith
d. The infringer is the true owner of the copyright
19. It is “a privilege to use the copyrighted material in a reasonable manner without the consent of
the copyright owner or as copying the theme or ideas rather than their expression.” It is an
exception to the copyright owner’s monopoly of the use of the work to avoid stifling “the very
creativity which that law is designed to foster.”
a. Doctrine of fair use
b. Doctrine of prior use
c. Doctrine of bad faith
d. Doctrine of good faith
20. In determining whether the use made of a work in any particular case is fair use, the factors to
be considered shall include the following except

a. The purpose and character of the use, including whether such use is of a commercial nature
or is for non-profit educational purposes
b. The nature of the copyrighted work
c. The amount and substantiality of the portion used in relation to the copyrighted work as a
whole
d. The effect of the use upon the potential market for or value of the copyrighted work
e. The good faith of the user
Answers:
1. B 6. B 11. C 16. A
2. A 7. D 12. D 17. A
3. B 8. C 13. B 18. C
4. B 9. D 14. C 19. A
5. C 10. A 15. D 20. E
Law on Patents and Trademarks (5)
1. The following are the types of patent licensing except:

a. Voluntary Licensing
b. Obligated Licensing
c. Compulsory Licensing
2. It is the grant by the patent owner to a third person of the right to exploit a patented
invention.
a. Voluntary Licensing
b. Obligated Licensing
c. Compulsory Licensing
3. I. The grant of a license shall not prevent the licensor from granting further licenses to
third person nor from exploiting the subject matter of the technology transfer
arrangement himself

II. The licensee shall be entitled to exploit the subject matter of the technology transfer
arrangement during the term of the technology transfer arrangement where the
licensee is making profit from the use of the patent.
a. Both Statements are TRUE
b. Both statements are FALSE
c. Only one statement is True
d. Statement 1 is False, Statement 2 is True
4. Compulsory Licensing of patent is where

a. A person is forced to get a license to exploit a patent even if it is against his will
b. A person is mandated by law to get a license to exploit a patent
c. The Director of Legal Affairs may grant a license to exploit a patented invention,
even without the agreement of the patent owner, in favor of any person who
has shown his capability to exploit the invention
d. The Director of Legal Affairs may grant a license to exploit a patented invention,
only with the agreement of the patent owner, in favor of any person who has
shown his capability to exploit the invention
5.
I. Where the public interest, in particular, national security, nutrition, health or the
development of other vital sectors of the national economy as determined by
the appropriate agency of the Government, so requires
II. National emergency or other circumstances of extreme urgency
III. If the patented invention is not being worked in the Philippines on a commercial
scale, although capable of being worked, without satisfactory reason: Provided,
That the importation of the patented article shall constitute working or using the
patent
IV. In case of commercial use of the patent by the patentee, without satisfactory
reason;
Which of the above statements are included in the Grounds for Compulsory Licensing?
a. I and II only
b. II and III only
c. I, II, and III only
d. All of the statements
6. The form of an assignment must be the following except;

a. Recorded in the IPO

b. Acknowledged and certified before a notary public or other officer authorized
to perform notarial acts
c. In writing
d. Approved by the Director
7. A Compulsory License may be cancelled in the following situations except;

a. If the licensee has not complied with the prescribed terms of the license.
b. If the licensee has neither begun to supply the domestic market nor made
serious preparation therefor
c. If the licensee is experiencing loss from the use of the patent
d. If the ground for the grant of the compulsory license no longer exists and is
unlikely to recur;
8. I. Subject to Section 109, the provisions governing patents shall apply to the registration
of utility models.
II. Where the right of a patent conflicts with the right to a utility model registration in
the case referred to in Section 29, the said provision shall apply as if the word “patent”
were replaced with the words “patent or utility model registration”.
a. Both statements are true
b. None of the statements are true.
c. Only statement one is true.
d. Only statement two is true.
9. I. At any time before the grant or refusal of a patent, an applicant for a patent may,
upon payment of the prescribed fee, convert his application into an application for
registration of a utility model, which shall be accorded the filing date of the initial
application. An application may be converted only once.
II. An applicant can file two (2) applications for the same subject, one for utility model
registration and the other for the grant of a patent whether simultaneously or
consecutively.
a. Both statements are true.
c. Only statement one is true.
d. Only statement 2 is true.
10. Any composition of lines or colors or any three-dimensional form, whether or not
associated with lines or colors: Provided, that such composition or form gives a special
appearance to and can serve as pattern for an industrial product or handicraft.

a. Copyright
b. Licensing Agreement
c. Industrial Design
d. Patent
11. A product, in its final form, or an intermediate form, in which the elements, at least one
of which is an active element and some or all of the interconnections are integrally
formed in and/or on a piece of material, and which is intended to perform an electronic
function.
a. Industrial Design
b. Patent
c. Copyright
d. Integrated Circuit
12. I. "Trade name" means the name or designation identifying or distinguishing an

enterprise;
II. "Collective Mark" means any visible sign capable of distinguishing the goods
(trademark) or services (service mark) of an enterprise and shall include a stamped or
marked container of goods;
a. Both Statements are true.
c. Only statement one is not true.
d. Only statement two is not true.
13. I. If the applicant is not domiciled or has no real and effective commercial establishment
in the Philippines, he shall designate by a written document filed in the office, the name
and address of a Philippine resident who may be served notices or process in
proceedings affecting the mark.
II. The Office may allow or require the applicant to disclaim an unregistrable component
of an otherwise registrable mark but such disclaimer shall not prejudice or affect the
applicant’s or owner’s rights then existing or thereafter arising in the disclaimed matter,
nor such shall disclaimer prejudice or affect the applicant’s or owner’s right on another
application of later date if the disclaimed matter became distinctive of the applicant’s or
owner’s goods, business or services.
a. Both statements are not incorrect.
b. Both statements are incorrect.
c. Only statement one is incorrect.
d. Only statement two is correct

14. Any person who believes that he would be damaged by the registration of a mark may,
upon payment of the required fee and within _________ afr the publication referred to
in Subsection 133.2, file with the Office an opposition to the application.
a. 25
b. 20
c. 30
d. 15
15. When the period for filing the opposition has expired, or when the Director of Legal
Affairs shall have denied the opposition, the Office upon payment of the required fee,
shall issue the ___________.
a. Certificate of Approval
b. Certificate of Acceptance
c. Certificate of Filing
d. Certificate of Registration
16. A certificate of registration shall remain in force for ___ years.

a. 10
b. 5
c. 15
d. 3
17. In any action involving a registered mark, the _______ may determine the right to
registration, order the cancellation of a registration, in whole or in part, and otherwise
rectify the register with respect to the registration of any party to the action in the
exercise of this.
a. Bureau
b. Court
c. Director
d. All of the above
18. Except in cases of importation of ____________ allowed under 72.1, The owner of a
registered mark shall have the exclusive right to prevent all third parties in using the
mark.
a. Drugs and Medicine
b. Antiques
c. All of the above

19. Such knowledge is presumed if the registrant gives notice that his mark is registered by
displaying with the mark the words "Registered Mark" or the __________ or if the
defendant had otherwise actual notice of the registration.
a. Letter R with a square
b. Letter R with a circle
c. Letter R with a heart
d. Letter R only
20. Independent of the civil and administrative sanctions imposed by law, a criminal
penalty of imprisonment ___________ years and a fine ranging from Fifty thousand
pesos (P50 ,000) to Two hundred thousand pesos (P200,000) , shall be imposed on any
person who is found guilty of committing any of the acts mentioned in Section 155,
Section 168 and Subsection 169.1.
a. from 2 to 5
b. from 3 to 5
c. of 5
d. of 3
Answers:
1. B 6. D 11. D 16. A
2. A 7. C 12. D 17. B
3. C 8. A 13. A 18. A
4. C 9. C 14. C 19. B
5. C 10. C 15. D 20. A

Law on Patents, Trademarks and Copyrights (6)
1. Any person who causes or procures an officer or employee of the Bureau of Internal Revenue to
divulge any confidential information regarding the business, income or inheritance of any taxpayer,
knowledge of which was acquired by him in the discharge of his official duties and which it is unlawful
for him to reveal shall be punished by a fine of:
a. P2000 and imprisonment of 5 years
b. not more than two thousand pesos (P2,000)
c. suffer imprisonment of not less than six (6) months nor more than five (5) years
d. not more than two thousand pesos (P2,000) or suffer imprisonment of not less than
six (6) months nor more than five (5) years or both
Answer: D
2. It is defined as a plan or process, tool, mechanism or compound known only to its owner and those of
his employees to whom it is necessary to confide it
a. Trade Secrets
b. Trade names
c. Patent
d. Copyright
Answer: A
3. Statement 1: Securities Regulation Code is explicit that the Securities and Exchange Commission is
not required or authorized to require the revelation of trade secrets or processes in any application,
report or document filed with the Commission
Statement 2: Intellectual-property rights includes the protection of undisclosed information.
a. Statement 1 is false; Statement 2 is true

b. Statement 1 is true; Statement 2 is false
Answer: C
4. Statement 1: The Intellectual Property Code has specific provision protecting undisclosed information
or trade secrets.
Statement 2: The law has a provision that requires courts to adopt measures to protect the
. manufacturing and business secrets of the defendant in patent infringement.
a. Statement 1 is false; Statement 2 is true
b. Statement 1 is true; Statement 2 is false
Answer: A
5. Sec. 66.2 of the Securities and Regulations code provides that:

a. the revelation of trade secrets or processes in any application, report or document
field with the Securities and Exchange Commission is not required
b. the revelation of trade secrets or processes in any application, report or document
field with the Securities and Exchange Commission is required

c. the revelation of trade secrets or processes in any application, report or document
field with the Securities and Exchange Commission is optional
d. None of the above.
Answer: A
6. The Business Name Law applies to the following, except:

a. Natural Persons
b. Recognized Refugee
c. Refugee
d. Recognized Stateless person
Answer: C.
7. Refers to a word, group of words or a combination of letters and numerals

a. Random Portion
b. Characters
c. Alphanumeric Portion
d. Dominant Portion
Answer: D.
8. Refers to a word or group of words describing the nature of business based on the Philippine Standard
Industrial Classification
a. Descriptor
b. Classifier
c. Source
d. Description
Answer: A.
9. The following are non-registrable names, except:

a. Those that are inimical to the Security of the State
b. Those that are officially used by the Government in its proprietary functions
c. Those that are composed purely of generic word or words
d. Those that by law or regulation are restricted or cannot be appropriated
Answer: B.
10. Regular Filing is within ___ calendar days ____ its expiration.
a. 90 ; after
b. 30; after
c. 90 ; before
d. 30; before
Answer: A.
11. This a branch of intellectual property law that particularly relates to the practice of endeavoring to
substitute one’s own goods or products in the market for those of another for the purpose of deceiving
the public.
a. Dumping
b. Misappropriation of trade secrets

c. Unfair competition
d. Below-cost selling
Answer: C.
12. Statement 1: Unfair competition is only with respect to manufacturers and does not include those
involving the dealers and any person selling the goods
Statement 2: Unfair competition is not limited to products, but also includes services
a. 1 is true; 2 is false
b. 1 is false; 2 is true
c. 1 and 2 are true
d. 1 and 2 are false
Answer: B.
13. Penalties for unfair competition include the following, except:
a. Imprisonment from 2 years to 5 years

b. A fine ranging from P50,000 to P200,000
c. Confiscation of goods sold
d. All are penalties for unfair competition
Answer: C.
14. Statement 1: In trade infringement, every aspect is copied in order to pass counterfeit product/service
off as that of other manufacturers.
Statement 2: In unfair competition, the trademark must be registered.
c. 1 and 2 are true
Answer: D
15. Statement 1: In both trade infringement and unfair competition, it is not necessary to establish
fraudulent intent.
Statement 2: In trade infringement, even amidst confusion, product/service is still distinguished to be
separate from the original
c. 1 and 2 are true
Answer: B
16. The Business Name Law is an act to regulate the use in business transactions of names other than
true names, prescribing the duties of the Director of the Bureau of Commerce and Industry in its
enforcement, providing penalties for violations thereof, and for other purposes. It is otherwise known
as
a. RA 8338
b. RA 3883
c. RA 3838

d. RA 8383
Answer: B
17. Every how many years is the registered name renewable
a. 1 year
b. 3 years
c. 5 years
d. 10 years
Answer: C
18. How much is the registration fee?
a. P5
b. P10
c. P15
d. P20
Answer: B
19. Within how many months should a registered name be renewed so that no surcharge will be
incurred?
a. 24 months
b. 12 months
c. 6 months
d. 3 months
Answer: D
20. Any person violating the provisions of the act shall be deemed guilty of misdemeanor and shall be
i. Fined for not less than P50 and not more than P200
ii. Imprisoned for not less than 20 days and not more than 6 months
iii. Both
a. i is false
b. ii is false
c. None is true
d. None is false
Answer: B
Law on Patents, Trademarks and Copyrights (7)
1. The effectivity date of RA 8293 otherwise known as the Intellectual Code of the Philippines
a) January 1, 1997
b) January 1, 1998

c) January 1, 1996
d) January 1, 1999
2. Which of the following statements is true?
a) The copyright owner may elect, at any time before final judgment is rendered, to recover instead
of actual damages and profits, an award of statutory damages for all infringements involved in an
action in a sum equivalent to the filing fee of the infringement action but not less than Fifty
thousand pesos
b) The copyright owner may elect, at any time after final judgment is rendered, to recover instead of
actual damages and profits, an award of statutory damages for all infringements involved in an
action in a sum equivalent to the filing fee of the infringement action but not less than Fifty
thousand pesos
c) The copyright owner may elect, at any time before final judgment is rendered, to recover instead
of actual damages and profits, an award of statutory damages for all infringements involved in an
action in a sum equivalent to the filing fee of the infringement action but not more than Fifty
thousand pesos
d) The copyright owner may elect, at any time after final judgment is rendered, to recover instead of
actual damages and profits, an award of statutory damages for all infringements involved in an
action in a sum equivalent to the filing fee of the infringement action but not more than Fifty
thousand pesos
3. Under Section 217.1 of RA 8293, the punishment for 2nd offense is
a) Imprisonment of 3 years to 6 years plus a fine ranging from P150,000 to P100,000

b) Imprisonment of 3 years to 6 years plus a fine ranging from P150,000 to P500,000
c) Imprisonment of 3 years and 1 day to 6 years plus a fine ranging from P100,000 to P500,000
d) Imprisonment of 3 years and 1 day to 6 years plus a fine ranging from P150,000 to P500,000
4. All copies deposited and instruments in writing filed with the National Library and the Supreme Court
Library in accordance with the provisions of this Act shall become the property of the _____________
a) President
b) Government
c) Director of the library
d) Donor
5. Which of the following statement is false?
a) The Office shall be organized within 2 years after the approval of RA 8293
b) Appeals from decisions of regular courts shall be governed by the Rules of Court

c) The funds necessary for the continued implementation of RA 8293 shall be included in the annual
General Appropriations Act.
d) The court before which the affidavit is produced shall assume that the affidavit was made by or on
behalf of the owner of the copyright.
6. The provisions of RA 8293 on the protection of broadcasts shall apply to:
a) Broadcasts of broadcasting organizations the headquarters of which are situated in the Philippines
b) Broadcasts transmitted from transmitters situated in the Philippines
c) Both a and b
d) None of the above
7. Which of the followings statement/s is/are true?
a) The natural person whose name is indicated on a work in the usual manner as the author shall, in
the absence of proof to the contrary, be presumed to be the author of the work
b) The person or body corporate whose name appears on an audiovisual work in the usual manner
shall, in the absence of proof to the contrary, is not presumed to be the maker of said work.
c) Both a and b
8. The following derivative works are protected by copyrights:
a) Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of

literary or artistic works.
b) Collections of literary, scholarly or artistic works, and compilations of data and other materials
which are original by reason of the selection or coordination or arrangement of their contents.
c) Both a and b
9. In the case of work created by an author during and in the course of his employment, the copyright shall
belong to ________
a) The employer, even if the creation of the object of copyright is not a part of the employee’s
regular duties because the employee uses the time, facilities and materials of the employer.
b) The employer, if the work is created at the time of his employment and resulted from the
employee’s use of the time, facilities and materials of the employer.
c) The employee, if the creation of the object of copyright is not a part of his regular duties even if
the employee uses the time, facilities and materials of the employer.
d) The employee, if the work is the result of the performance of his regularly-assigned duties.
10. The reproduction of public work shall not extend to the reproduction of the work mentioned below, except

a) Work of architecture in the form of building or other construction.
b) Private reproduction of a published work in a single copy exclusively for research and private
study.
c) Compilation of data and other materials.
d) An entire book, or a substantial part thereof, or of a musical work in graphic form by
reprographic means.
11. Which of the following statements is false?
a) In the case of original literary and artistic works, copyright shall belong to the author of the
work.
b) In respect of letters, the copyright shall belong to the writer subject to the provisions of Article
723 of the Civil Code.
c) In the case of works of joint authorship, the co-authors shall be the original owners of the
copyright and in the absence of agreement, their rights shall be governed by the rules on co-
ownership.
d) In the case of a work commissioned by a person other than an employer of the author and who
pays for it and the work is made in pursuance of the commission, the person who so
commissioned the work shall have ownership and copyright of the work.
12. The following acts shall not constitute infringement of copyright. Which of the following statements is false?
a) The recitation or performance of a work, once it has been lawfully made accessible to the public,
if done privately and free of charge or if made strictly for a charitable or religious institution or
society.
b) The reproduction and communication to the public of literary, scientific or artistic works as part
of reports of current events by means of photography, cinematography or broadcasting to the extent
necessary for the purpose.
c) The making of ephemeral recordings by a broadcasting organization by means of its own facilities
and for use in its own broadcast.
d) None of the above.
13. Copyright or economic rights shall consist of the exclusive right to carry out, authorize or prevent the
following acts, except
a) Reproduction of the work or unsubstantial portion of the work.

b) The first public distribution of the original and each copy of the work by sale or other forms of
transfer of ownership.
c) Public display of the original or a copy of the work.
d) Other communication to the public of the work.

14. Which of the following statements is/are true?
a) The copyright may be assigned or licensed in whole or in part. Within the scope of the assignment
or license, the assignee or licensee is entitled to all the rights and remedies which the assignor or
licensor had with respect to the copyright.
b) An assignment or exclusive license may be filed in duplicate with the National Library upon
payment of the prescribed fee for registration in books and records kept for the purpose. Upon
recording, a copy of the instrument shall be returned to the sender with a notation of the fact of
record. Notice of the record shall be published in the IPO Gazette.
c) Both a and b.
d) None of the above.
15. Which among the following doesn’t belong to the moral rights of an author?
a) To require that the authorship of the works be attributed to him, in particular, the right that his name,
as far as practicable, be indicated in a prominent way on the copies, and in connection with the public
use of his work
b) To make any alterations of his work prior to, or to withhold it from publication
c) To object to any distortion, mutilation or other modification of, or other derogatory action in relation
to, his work which would be prejudicial to his honor or reputation
d) To permit another to use the name of the author with respect to a work he did not create
16. Unless otherwise provided in the contract, in every communication to the public or broadcast of a
performance subsequent to the first communication or broadcast thereof by the broadcasting organization,
the performer shall be entitled to an additional remuneration equivalent to at least _____ of the original
compensation he or she received for the first communication or broadcast.
a) 3%
b) 1%
c) 10%
d) 5%
17. Which among the following doesn’t belong to the moral rights of a producer in a sound recording?
a) The right to authorize the direct or indirect reproduction of their sound recordings, in any manner or
form; the placing of these reproductions in the market and the right of rental or lending
b) The right to authorize the commercial rental to the public of the original and copies of their sound
recordings if given before the distribution by them by or pursuant to authorization by the producer
c) The right to authorize the making available to the public of their sound recordings in such a way that
members of the public may access the sound recording from a place and at a time individually chosen
or selected by them, as well as other transmissions of a sound recording with like effect.

d) All belong to the moral rights of a producer in a sound recording.
18. Choose the incorrect statement regarding the term of protection for performers, producers and broadcasting
organizations.
a) For sound or image and sound recordings and for performances incorporated therein, the rights shall
expire fifty (20) years from the end of the year in which the recording took place.
b) For performances not incorporated in recordings, the rights shall expire fifty (50) years from the end
of the year in which the performance took place
c) In case of broadcasts, the term shall be twenty (20) years from the date the broadcast took place. The
extended term shall be applied only to old works with subsisting protection under the prior law
d) All statements are not incorrect.
19. I. An author cannot be compelled to perform his contract to create a work or for the publication of his work
already in existence. However, he may be held liable for damages for breach of such contract.
II. When an author contributes to a collective work, his right to have his contribution attributed to him is
deemed waived unless he expressly reserves it.
a) False, True
b) False, False
c) True, True
d) True, False
20. ________ is the embodiment of sounds, or of the representations thereof, from which they can be
perceived, reproduced or communicated through a device.
a) Singing
b) Fixation
c) Broadcasting
d) Recording
21. The scope of performers’ rights as regards to their performances includes:
a) The broadcasting and other communication to the public of their performance

b) The fixation of their unfixed performance
c) Only b
d) Both a and b

Intellectual Property Code - 7 Parts

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Multiple Choice Questions

Law 505 – FUEGO BATCH

A. It must not be immediately recognizable or knowable.

A. Only Statement1 is False

3. Decision concerning the cancellation of a patent may be appealed to the ________.

A. Director of Legal Affairs

4. Which of the following is not considered as an Intellectual Property Right?

A. Copyright and Related Rights

INTELLECTUAL PROPERTY CODE | Fuego Batch

Which of the following statements are true?

6. The following shall be excluded from patent protection, except:

a. Schemes, rules and methods of performing mental acts

7. Statement 1: An invention can be considered new if it forms part of a prior art.

a. Only statement 1 is true.

8. The following are the requisites of a patent, except:

INTELLECTUAL PROPERTY CODE | Fuego Batch

a. Only statement 1 is true.

a. Only statement 1 is true.

INTELLECTUAL PROPERTY CODE | Fuego Batch

a. Only statement 1 is true.

a. Only statement 1 is true.

15. The patent application shall contain the following, except:

a. A request for the grant of a patent

INTELLECTUAL PROPERTY CODE | Fuego Batch

a. Action for unfair competition

a. Only statement I is true.

INTELLECTUAL PROPERTY CODE | Fuego Batch

I – Publication of Patent Application

a. VI, IV, I, III, V, II

Intellectual Property Office and Law on Patents (2)

INTELLECTUAL PROPERTY CODE | Fuego Batch

8.) Which is not one of the Bureaus of the IPO?

INTELLECTUAL PROPERTY CODE | Fuego Batch

A. Only one statement is True

INTELLECTUAL PROPERTY CODE | Fuego Batch

INTELLECTUAL PROPERTY CODE | Fuego Batch

18. The following are grounds for Compulsory Licensing, except:

INTELLECTUAL PROPERTY CODE | Fuego Batch

Intellectual Property Office and Law on Patents (3)

3. Which of the following is not a procedure for grant of Patent?

5. The right to a patent belongs to the

INTELLECTUAL PROPERTY CODE | Fuego Batch

a. Statement 1 is True; Statement 2 is False; Statement 3 is True

9. The rights of a patentee are

10. You can infringe a patent by:

INTELLECTUAL PROPERTY CODE | Fuego Batch

12. Petition for revocation of a patent shall be filed at:

13. In a process patent, burden of proof in case of infringement lies on:

15. All of the following describes an undisclosed information, except:

INTELLECTUAL PROPERTY CODE | Fuego Batch

17. The term of office of the first Director General is:

18. Which of the following is a function of the Intellectual Property Office?

Law on Trademarks and Copyrights (4)

1. The term of protection of works of applied arts is:

INTELLECTUAL PROPERTY CODE | Fuego Batch

3. Copyrightable works are protected

5. What is a well-known mark?

INTELLECTUAL PROPERTY CODE | Fuego Batch

9. It means the name or designation identifying or distinguishing an enterprise

12. Which of the following marks is registrable?

13. Which of the following marks is non-registrable?

14. What is the legal term of trademark or service mark?