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Intellectual Property Code of the Philippines MCQ

Business Law (University of Baguio)

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MULTIPLE CHOICE QUESTIONS

INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES

PART I THE INTELLECTUAL PROPERTY OFFICE

ANSWER # QUESTIONS
A 1 It took effect on January 1, 1998 and by its express
provision, repealed the Trademark Law, the Patent Law,
Article 188 and 189 of the Revised Penal Code, the
Decree on Intellectual Property, and the Decree on
compulsory Reprinting of Foreign Textbooks.
A. INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES
B. CIVIL CODE OF THE PHILIPPINES
C. TRADEMARK CODE OF THE PHILIPPINES
D. REVISED PENAL CODE OF THE PHILIPPINES
D 2 An effective intellectual and industrial property
system protect and secure the exclusive rights of the
following, except for this.
A. SCIENTISTS
B. INVENTORS
C. ARTISTS
D. OTHER UNGIFTED CITIZENS
D 3 Any person who is a national or who is domiciled or
has a real and effective industrial establishment in a
country which is a party to any convention, treaty or
agreement relating to intellectual property rights or
the repression of unfair competition, to which the
Philippines is also a party, or extend reciprocal
rights to nationals of the Philippines by law, shall
be entitled to benefits to the extent necessary to
give effect to any provision of such convention,
treaty or reciprocal law, in addition to the this.
A. RIGHTS TO WHICH ANY MANAGER OF AN INTELLECTUAL
PROPERTY RIGHT IS OTHERWISE ENTITLED BY THIS ACT
B. RIGHTS TO WHICH ANY HOLDER OF AN INTELLECTUAL
PROPERTY RIGHT IS OTHERWISE ENTITLED BY THIS ACT
C. RIGHTS TO WHICH ANY WRITER OF AN INTELLECTUAL
PROPERTY RIGHT IS OTHERWISE ENTITLED BY THIS ACT
D. RIGHTS TO WHICH ANY OWNER OF AN INTELLECTUAL
PROPERTY RIGHT IS OTHERWISE ENTITLED BY THIS ACT
C 4 It is not included in the term “intellectual property
rights”.
A. COPYRIGHT AND RELATED RIGHTS
B. TRADEMARKS AND SERVICE MARKS
C. GEOGRAPHIC LOCATIONS
D. INDUSTRIAL DESIGNS
B 5 To administer and implement the State policies
declared in this Act, there is hereby created the
Intellectual Property Office which shall not have this
function.
A. EXAMINE APPLICATIONS FOR GRANT LETTERS PATENT FOR

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INVENTIONS AND REGISTER UTILITY MODELS AND


INDUSTRIAL DESIGNS
B. CREATE APPLICATIONS FOR THE REGISTRATION OF
MARKS, GEOGRAPHIC INDICATION, INTEGRATED CIRCUITS
C. PROMOTE THE USE OF PATENT INFORMATION AS A TOOL
FOR TECHNOLOGY DEVELOPMENT
D. ADMINISTRATIVELY ADJUDICATE CONTESTED PROCEEDINGS
AFFECTING INTELLECTUAL PROPERTY RIGHTS
B 6 The office shall be divided by seven bureaus which
does not include this.
A. THE BUREAU OF PATENTS
B. THE BUREAU OF INTERNAL REVENUE
C. THE BUREAU OF LEGAL AFFAIRS
D. THE BUREAU OF COPYRIGHTS AND OTHER RELATED RIGHTS
B 7 It consists of the Director General and the Deputies
Director General, their immediate staff and such
Offices and Services that the Director General will
set up to support directly the office.
A. OFFICE OF THE DEPUTIES DIRECTOR GENERAL
B. OFFICE OF THE DIRECTOR GENERAL
C. OFFICE OF THE GENERALS
D. OFFICE OF EMPLOYEES
D 8 It is not included in the functions of the Bureau of
Patents.
A. SEARCH AND EXAMINATION OF PATENT APPLICATIONS AND
THE GRANT OF THE PATENTS
B. REGISTRATION OF UTILITY MODELS, INDUSTRIAL
DESIGNS, AND INTEGRATED CIRCUITS
C. CONDUCT STUDIES AND RESEARCHES IN THE FIELD OF
PATENTS IN ORDER TO ASSIST THE DIRECTOR GENERAL
IN FORMULATING POLICIES ON THE ADMINISTRATION AND
EXAMINATION OF PATENTS
D. CREATE, MODIFY AND PROVIDE PATENTED PRODUCTS FOR
THE BENEFIT OF INVENTORS
B 9 It is not included in the functions of the Bureau of
Copyright and Other Related Rights.
A. EXERCISE ORIGINAL JURISDICTION TO RESOLVE
DISPUTES RELATING TO THE TERMS OF A LICENSE
INVOLVING THE AUTHOR’S RIGHT TO PUBLIC
PERFORMANCE OR OTHER COMMUNICATION OF HIS WORK
B. ACCEPT, REVIEW AND DECIDE ON APPLICATIONS FOR THE
ACCREDITATION OF COLLECTIVE MANAGEMENT
ORGANIZATIONS OF DIFFERENT ENTITIES
C. CONDUCT STUDIES AND RESEARCHES IN THE FIELD OF
COPYRIGHT AND RELATED RIGHTS
D. PROVIDE OTHER COPYRIGHT AND RELATED RIGHTS
SERVICE AND CHARGE REASONABLE FEES THEREFOR
D 10 On the acceptance of a voluntary assurance of
compliance or discontinuance as may be imposed, such
voluntary assurance may not include this.
A. AN ASSURANCE TO COMPLY WITH THE PROVISIONS OF THE

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INTELLECTUAL PROPERTY LAW VIOLATED


B. AN ASSURANCE TO REFRAIN FROM ENGAGING IN UNLAWFUL
AND UNFAIR ACTS AND PRACTICES SUBJECT OF THE
FORMAL INVESTIGATION
C. AN ASSURANCE TO RECALL, REPLACE, REPAIR, OR
REFUND THE MONEY VALUE OF DEFECTIVE GOODS
DISTRIBUTED IN COMMERCE
D. AN ASSURANCE TO REIMBURSE THE COMPLAINANT THE
EXPENSES AND COSTS INCURRED IN PROSECUTING THE
CASE IN THE BUREAU OF TRADEMARKS
D 11 It is not included in the function of Documentation,
Information and Technology Transfer Bureau.
A. ESTABLISH NETWORKS OR INTERMEDIARIES OR REGIONAL
REPRESENTATIVES
B. EDUCATE THE PUBLIC AND BUILD AWARENESS ON
INTELLECTUAL PROPERTY THROUGH THE CONDUCT OF
SEMINARS AND LECTURES, AND OTHER SIMILAR
ACTIVITIES
C. PERFORM STATE-OF-THE-ART SEARCHES
D. CREATE TECHNOLOGY TRANSFER ARRANGEMENTS, AND
SETTLE DISPUTES INVOLVING TECHNOLOGY TRANSFER
RECEIPTS
B 12 It shall be done by the Management Information
Services and EDP Bureau.
A. CONDUCT AUTOMATION PLANNING, RESEARCH AND
DEVELOPMENT, TESTING OF SYSTEMS, CREATE FIRMS,
AND PURCHASE AND MAINTENANCE OF EQUIPMENT
B. PROVIDE MANAGEMENT INFORMATION SUPPORT AND
SERVICE TO THE OFFICE
C. ESTABLISH NETWORKS OR INTERMEDIARIES OR REGIONAL
REPRESENTATIVES
D. CONDUCT STUDIES AND RESEARCHES IN THE FIELD OF
COPYRIGHT AND RELATED RIGHTS
B 13 It shall formulate and manage a financial program to
ensure availability and proper utilization of funds.
A. HUMAN RESOURCE DEVELOPMENT SERVICE
B. FINANCIAL SERVICE
C. ADMINISTRATIVE SERVICE
D. PATENT AND TRADEMARK ADMINISTRATION SERVICE
D 14 He shall be authorize to retain, without need of a
separate approval from any government agency subject
only to the existing accounting and auditing rules and
regulations, all the fees, fines, royalties, and other
charges, collected by the Office under this Act.
A. PRESIDENT
B. CHIEF FINANCIAL OFFICER
C. ACCOUNTANT
D. DIRECTOR GENERAL
B 15 He is empowered to obtain assistance if technical,
scientific or other qualified officers and employees
of other departments, bureaus, offices, agencies and

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instrumentalities of the Government.


A. DEPUTY DIRECTOR GENERAL
B. DIRECTOR GENERAL
C. GENERAL
D. EMPLOYER
B 16 The Office shall have this, wherein its form and
design shall be approved by the Director General.
A. SIGNATURE OF OFFICE
B. SEAL OF OFFICE
C. LOGO OF OFFICE
D. CERTIFICATE OF OFFICE
A 17 He shall cause to be printed and make available for
distribution, pamphlet copies of this Act, other
pertinent laws, executive orders and information
circulars relating to matters within the jurisdiction
of the Office.
A. DIRECTOR GENERAL
B. EXAMINER
C. GENERAL
D. BUREAU
B 18 It is the Office’s own publication wherein all matters
required to be published under this Act shall be
published.
A. BULLETIN BOARD
B. IPO GAZETTE
C. NEWS PAPER
D. ORGANIZATIONAL MAGAZINE
B 19 It pertains to all officers and employees of the
Office shall not apply or act as an attorney or patent
agent of an application for grants of patent, for the
registration of a utility of model, industrial design
or mark nor acquire, except by heredity succession.
A. DISQUALIFICATION OF MEMBERS OF THE OFFICE
B. DISQUALIFICATION OF OFFICERS AND EMPLOYEES OF THE
OFFICE
C. DISQUALIFICATION OF GENERALS OF THE OFFICE
D. DISQUALIFICATION OF OFFICIALS OF THE OFFICE
B 20 It means the Head of the Intellectual Property Office.
A. BUREAU
B. DIRECTOR GENERAL
C. EXAMINER
D. DEPUTY DIRECTOR GENERAL

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PART II THE LAW ON PATENTS

ANSWER # QUESTIONS
D 21 The following refers to the statutory classes of
patentable inventions, except for this.
A. A PRODUCT, SUCH AS A MACHINE, A DEVICE, AN
ARTICLE OF MANUFACTURE, A COMPOSITION OF MATTER,
A MICROORGANISM
B. A PROCESS, SUCH AS A METHOD OF USE, A METHOD OF
MANUFACTURING, A NON-BIOLOGICAL PROCESS, A
MICROBIOLOGICAL PROCESS
C. COMPUTER-RELATED INVENTIONS
D. DISCOVERIES AND SCIENTIFIC THEORIES
D 22 The following shall be excluded from patent
protection, except for this.
A. DISCOVERIES, SCIENTIFIC THEORIES AND MATHEMATICAL
METHODS
B. SCHEMES, RULES AND METHODS OF PERFORMING MENTAL
ACTS
C. AESTHETIC CREATIONS
D. AN IMPROVEMENT OF A COMPUTER-RELATED INVENTION
A 23 It shall not be considered new if it forms part of a
prior act.
A. INVENTION
B. DISCOVERY
C. KNOWLEDGE
D. METHOD OF TREATMENT
A 24 It is only considered in assessing inventive step.
A. EQUIVALENTS
B. LIKELINESS
C. CO-PRODUCT
D. FRUITS
B 25 It also means any person, who at the filing date of
application had the right to the patent.
A. ASSISTANT
B. INVENTOR
C. SUBORDINATE
D. CREATOR
B 26 An invention involves this if, having regard to prior
art, it is not obvious to a person skills in the art
at the time of the filing date or priority date of the
application claiming the invention.
A. CREATIVITY
B. INVENTIVE STEP
C. DISCOVERY
D. VARIATION
B 27 It is the applicability of an invention that can be
produced and used in any industry.
A. PRODUCT APPLICABILITY
B. INDUSTRIAL APPLICABILITY

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C. CIVIL APPLICABILITY
D. NATURAL APPLICABILITY
D 28 The following are parties to whom the right of patent
belongs to, except for this.
A. INVENTOR
B. INVENTOR’S HEIR
C. INVENTOR’S ASSIGNS
D. INVENTOR’S SPOUSE
B 29 The party who has the right of patent if two or more
persons made an invention separately and independently
of each other and their applications are filed for the
same invention.
A. APPLICANT WHO HAS THE BEST INTEGRITY
B. APPLICANT WHO HAS THE EARLIEST FILING DATE
C. APPLICANT WHO HAS THE BEST PRODUCT
D. APPLICANT WHO HAS MORE AUTHORITY IN THE OFFICE
A 30 The party who has the right of patent if the employee
made the invention in the course of his employment and
the invention is the result of the performance of his
regularly-assigned duties.
A. EMPLOYER
B. EMPLOYEE
C. SUBORDINATE
D. COMPANY
B 31 It is not considered in an 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 citizens.
A. THE LOCAL APPLICATION EXPRESSLY CLAIMS PRIORITY
B. THE INTERNATIONAL APPLICATION EXPRESSLY CLAIMS
PRIORITY
C. IT IS FILED WITHIN 12 MONTHS FROM THE DATE THE
EARLIEST FOREIGN APPLICATION WAS FILED
D. A CERTIFIED COPY OF THE FOREIGN APPLICATION
TOGETHER WITH AN ENGLISH TRANSLATION IS FILED
WITHIN SIX MONTHS FROM THE DATE OF FILING IN THE
PHILIPPINES
D 32 It is not included in the patent application that
shall be in Filipino or English.
A. A REQUEST FOR THE GRANT OF PATENT
B. DRAWINGS NECESSARY FOR THE UNDERSTANDING OF THE
INVENTION
C. ONE OR MORE CLAIMS
D. AN INTRODUCTION
A 33 He must appoint and maintain a resident agent or
representative in the Philippines upon whom notice or
process for juridical or administrative procedure
relating to the application for patent or the patent
may be served.
A. APPLICANT WHO IS NOT A RESIDENT OF THE

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PHILIPPINES
B. APPLICANT WHO IS A RESIDENT OF THE PHILIPPINES
C. FOREIGN APPLICANT
D. FILIPINO APPLICANT
B 34 It is not included in the request.
A. PETITION FOR THE GRANT OF PATENT
B. APPLICANT’S EDUCATIONAL BACKGROUND
C. TITLE OF INVENTION
D. SIGNATURE OF THE APPLICANT OR RESIDENT
AGENT/REPRESENTATIVE
B 35 A test whether the person to whom it is addressed
could, by following the directions therein, put the
invention into practice.
A. SUBSTANTIVE EXAMINATION
B. TEST FOR ENABLING DISCLOSURE
C. DOMINANCY TEST
D. HOLISTIC TEST
B 36 It shall contain one or more claims which shall define
the matter for which protection is sought.
A. REGISTRATION
B. APPLICATION
C. DOCUMENTATION
D. NOTE
B 37 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 words.
A. INTRODUCTION
B. ABSTRACT
C. RECOMMENDATION
D. CONCLUSION
B 38 He may require that the application be restricted to a
single invention if several independent inventions
which do not form a single general inventive concept
are claimed in one application.
A. DIRECTOR OF PATENTS
B. DIRECTOR GENERAL
C. EXAMINER
D. BUREAU
D 39 It is not included in the other documents relating to
the foreign application.
A. PHOTOCOPY OF THE RELEVANT DOCUMENTS CITED IN THE
SEARCH REPORT
B. COPY OF THE PATENT GRANTED TO THE CORRESPONDING
OR RELATED APPLICATION
C. COPY OF THE EXAMINATION REPORT OR DECISION ON THE
CORRESPONDING OR FOREIGN RELATED APPLICATION
D. OTHER DOCUMENTS WHICH COULD NOT FACILITATE
ADJUDICATION OF THE APPLICATION
D 40 The filing date of a patent application shall be the
date of receipt by the Office of at least the

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following elements, except for this.


A. AN EXPRESS OR IMPLICIT INDICATION THAT A
PHILIPPINE PATENT IS SOUGHT
B. INFORMATION IDENTIFYING THE APPLICANT
C. DESCRIPTION OF THE INVENTION AND ONE OR MORE
CLAIMS IN FILIPINO OR ENGLISH
D. DOCUMENTS PERTAINING TO THE APPLICANT’S PERSONAL
BACKGROUND
C 41 It shall examine whether the patent application
satisfies the requirements for the grant of date of
filing as provided in Section 40 hereof.
A. DIRECTOR GENERAL
B. EXECUTIVE COMMITTEE
C. OFFICE
D. APPLICANT
B 42 If a patent application has been accorded a filing
date and the required fee has been paid within one
month, the application shall be evaluated taking into
consideration the formality requirements stated in the
Regulations such as the following, except this.
A. CONTENTS OF THE REQUEST FOR GRANT OF A PHILIPPINE
PATENT
B. PROOF OF ASSISTANCE
C. DEED OF ASSIGNMENT
D. FORMAL DRAWINGS
B 43 It shall be use by the Office in an application that
has complied with the formal requirement that shall be
classified and search to determine the prior art.
A. PHILIPPINE PATENT CLASSIFICATION
B. INTERNATIONAL PATENT CLASSIFICATION
C. PHILIPPINE PATENT CLASSIFICATION AND SEARCH
D. INTERNATIONAL PATENT CLASSIFICATION AND SEARCH
B 44 It shall be published in the IPO Gazette together with
a search document established by or on behalf of the
Office citing any documents that reflect prior art,
after the expiration of 18 months from the filing date
or priority date.
A. PATENT CERTIFICATE
B. PATENT APPLICATION
C. PATENT ADMINISTRATION
D. PATENT GRANT
D 45 A patent application, which h=has not yet been
published, and al related documents, shall not made
available for inspection without the consent of this
party.
A. DIRECTOR
B. OFFICE
C. GAZETTE PERSONNEL
D. APPLICANT
C 46 The applicant shall have all the rights of this party
under Section 76 against any person who, without his

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authorization, exercised any of the rights conferred


under Section 71 of this Act in relation to the
invention claimed in the published patent application,
as if a patent had been granted for that invention.
A. DIRECTOR GENERAL
B. EXAMINER
C. PATENTEE
D. OFFICE
D 47 Following the publication of the patent application,
this party may present observations in writing
concerning the patentability of the invention.
A. OFFICE ONLY
B. EXAMINERS ONLY
C. OFFICIALS OF THE BUREAU ONLY
D. ANY PERSON
A 48 It is conducted to determine whether a patent
application meets the requirement of patentability as
provided by the IP Code.
A. SUBSTANTIVE EXAMINATION
B. HOLISTIC TEST
C. TEST FOR ENABLING DISCLOSURE
D. DOMINANCY TEST
A 49 The following must be amended and revised, when
required, to correct inaccuracies of description and
definition.
A. NAME OF APPLICANT
B. DESCRIPTION
C. CLAIMS’
D. DRAWINGS
B 50 It is to provide protection to any inventor from any
patent infringement.
A. APPLICATION OF A PATENT
B. GRANT OF A PATENT
C. SIGNATORY OF A PATENT
D. DESCRIPTION OF A PATENT
A 51 The final order of refusal of the examiner to grant
the patent shall be appealable to this party in
accordance with this act.
A. DIRECTOR
B. EXAMINER
C. APPLICANT
D. EMPLOYER
A 52 A party that may inspect the complete description,
claims, and drawings of the patent on file with the
Office.
A. ANY INTERESTED PARTY
B. INVENTOR’S SUBORDINATES ONLY
C. INVENTOR’S DIRECT RELATIVES ONLY
D. INVENTOR ONLY
A 53 The patent shall be issued in the name of the Republic
of the Philippines under the seal of this party.

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A. OFFICE
B. PRESIDENT
C. INVENTOR
D. DIRECTOR
B 54 The term of the patent.
A. 10 YEARS FROM THE FILING DATE OF THE APPLICATION
B. 20 YEARS FROM THE FILING DATE OF THE APPLICATION
C. 10 YEARS FROM THE GRANTING OF PATENT
D. 20 YEARS FROM THE GRANTING OF PATENT
B 55 It is paid upon the expiration of four years from the
date of the application was published to maintain the
patent application or patent.
A. FOUR-YEAR FEE
B. ANNUAL FEE
C. QUARTER FEE
D. MONTHLY FEE
A 56 This party, with the consent of all persons having
grants or licenses or other right, title or interest
in and to the patent and the invention covered
thereby, which have been recorded in the Office, may
surrender his patent or any claim or claims forming
part thereof to the Office for cancellation.
A. OWNER OF THE PATENT
B. INVENTOR
C. EMPLOYER
D. EMPLOYEE
A 57 The Director shall have the power to correct, without
fee, any mistake in a patent incurred through the
fault of this party when clearly disclosed in the
records thereof, to make the patent conform to the
records.
A. OFFICE
B. INVENTOR
C. THIRD PARTY
D. BUREAU
A 58 Through this, the Director is authorized to correct
any mistake in a patent of a formal and clerical
nature, not incurred through the fault of the Office.
A. ON THE REQUEST OF ANY INTERESTED PERSON AND
PAYMENT OF THE PRESCRIBED FEE
B. ON THE REQUEST OF THE INVENTOR ONLY AND PAYMENT
OF THE PRESCRIBED FEE
C. ON THE REQUEST OF ANY INTERESTED PERSON WITHOUT
THE PAYMENT OF FEE
D. ON THE REQUEST OF THE INVENTOR ONLY WITHOUT THE
PAYMENT OF FEE
A 59 The owner of a patent shall have the right to request
to the Bureau to make changes in the patent in order
to do the following, except for this.
A. MAXIMIZE THE EXTENT OF THE PROTECTION CONFERRED
BY IT

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B. LIMIT THE EXTENT OF THE PROTECTION CONFERRED BY


IT
C. CORRECT OBVIOUS MISTAKES OR TO CORRECT CLERICAL
ERRORS
D. CORRECT MISTAKES OR ERRORS MADE IN GOOD FAITH
A 60 Notice of amendment or correction shall be published
here and copies of the patent kept or furnished by the
Office shall include a copy of the certificate of
amendment or correction.
A. IPO GAZETTE
B. COMPANY MAGAZINE
C. NEWS PAPER
D. BULLETIN BOARD
D 61 Any interested person may, upon payment of the
required fee, petition to cancel the patent or any
claim thereof, or parts of the claim, on any of the
following grounds, except for this.
A. THAT WHAT IS CLAIMED AS THE INVENTION IS NOT NEW
OR PATENTABLE
B. THAT THE PATENT DOES NOT DISCLOSE THE INVENTION
IN A MANNER SUFFICIENTLY CLEAR AND COMPLETE FOR
IT TO BE CARRIED OUT BY ANY PERSON SKILLED IN THE
ART
C. THAT THE PATENT IS CONTRARY TO PUBLIC ORDER OR
MORALITY
D. THAT THE PATENT IS CONTRARY TO CRIMINAL ACTS OR
FRAUD
B 62 The petition for cancellation shall be in this manner,
verified by the petitioner or by any person in his
behalf who knows the facts.
A. ORAL
B. WRITING
C. IMPLIED
D. EXPRESS
C 63 Upon filing of a petition for cancellation, this party
shall forthwith serve notice of the filing thereof
upon the patentee and all persons having grants or
licenses.
A. PATENTEE
B. DIRECTOR GENERAL
C. DIRECTOR OF LEGAL AFFAIRS
D. EXAMINER
D 64 In cases involving highly technical issues, on motion
of any party, he may order that the petition be heard
and decided by a committee.
A. INVENTOR
B. DIRECTOR GENERAL
C. COMMITTEE
D. DIRECTOR OF LEGAL AFFAIRS
A 65 If this finds that a case for cancellation has been
proved, it shall order the patent or any specified

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claim or claims thereof cancelled.


A. Committee
B. Inventor
C. Director
D. Bureau
A 66 The rights conferred by the patent or any specified
claim or claims cancelled.
A. TERMINATED
B. VALIDATED
C. APPLIED
D. RESCINDED
D 67 If a person referred to in Section 29 other rhan the
applicant, is declared by final court order or
decision as having the right to the patent, such
person may, within three months after the decision has
become final do the following, except for this.
A. PROSECUTE THE APPLICATION AS HIS OWN APPLICATION
IN PLACE OF THE APPLICANT
B. FILE A NEW PATENT APPLICATION IN RESPECT OF THE
SAME INVENTION
C. REQUEST THAT THE APPLICATION BE REFUSED
D. SEEK CANCELLATION OF THE PATENT,, IF NONE HAS
ALREADY BEEN ISSUED
B 68 A person who has deprived of the patent without his
consent or through fraud and is declared by final
court order or decision to be the true and actual
inventor, the following acts may be done, except for
this.
A. THE COURT SHALL ORDER HIS SUBSTITUTION AS
PATENTEE
B. THE COURT SHALL ORDER HIS APPLICATION AS PATENTEE
C. AT THE OPTION OF THE TRUE INVENTOR, CANCEL THE
PATENT
D. AT THE OPTION OF THE TRUE INVENTOR, AWARD ACTUAL
AND OTHER DAMAGES IN HIS FAVOR IF WARRANTED BY
THE CIRCUMSTANCES
A 69 It shall furnish the Office a copy of the order or
decision referred to in Sections 67 and 68, which
shall be published in the IPO Gazette.
A. COURT
B. BUREAU
C. DIRECTOR
D. COMMITTEE
B 70 The actions indicated in Sections 67 and 68 shall be
filed within this length of time from the date of
publication made in accordance with Sections 44 and
51, respectively.
A. SIX MONTHS
B. ONE YEAR
C. TWO YEARS
D. THREE YEARS

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A 71 They have the right to assign, or transfer by


succession the patent, and to conclude licensing
contracts for the same.
A. PATENT OWNERS
B. PATENT APPLICANTS
C. PATENT SUBORDINATES
D. PATENT EXAMINERS
A 72 This party has no right to prevent third parties from
performing, without his authorization, the acts
referred to in Section 71 hereof.
A. OWNER OF A PATENT
B. BUREAU
C. COMMITTEE
D. DIRECTOR
A 73 Notwithstanding Section 72 hereof, this party, who, in
good faith was using the invention or has undertaken
serious preparations to the use of 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.
A. ANY PRIOR USER
B. ANY USER AFTER THE FILING DATE
C. ANY USER
D. ANY THIRD PARTY
A 74 It shall provide the appropriate jurisdiction for all
cases arising from the implementation of this
provision that shall be cognizable by courts.
A. LAW
B. REGULATIONS
C. MORALS
D. ETHICAL STANDARDS
A 75 It confers the purpose of determining the extent of
protection, wherein due account shall be taken of
elements which are equivalent to the elements
expressed in it.
A. CLAIMS
B. EVIDENCES
C. OPINIONS
D. ARTICLES
C 76 It is constituted by 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 patented process
without the authorization of the patentee.
A. PATENT VIOLATION
B. PATENT CRIME
C. PATENT INFRINGEMENT
D. PATENT USE
A 77 Any foreign national or juridical entity who meets the

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requirements of Section 3 and not engaged in business


in the Philippines, wo which a patent has been granted
or assigned under this Act, may bring an action for
this, whether or not it is licensed to do business in
the Philippines under existing law.
A. ACTION FOR INFRINGEMENT OF PATENT
B. ACTION FOR REQUISITION OF PATENT
C. ACTION FOR ABDUCTION OF PATENT
D. ACTION FOR SATISFACTION OF PATENT
A 78 If the subject matter of a patent is in this manner,
nay identical product shall be presumed to have been
obtained through the use of the patented process if
the product is new or there is a 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.
A. PROCESS FOR OBTAINING A PRODUCT
B. PRODUCT
C. TANGIBLE
D. INTANGIBLE
C 79 The limitation of action for damages.
A. MORE THAN FOUR YEARS BEFORE THE INSTITUTION OF
THE ACTION FOR INFRINGEMENT
B. MORE THAN FIVE YEARS BEFORE THE INSTITUTION OF
THE ACTION FOR INFRINGEMENT
C. NOT MORE THAN FOUR YEARS BEFORE THE INSTITUTION
OF THE ACTION FOR INFRINGEMENT
D. NOT MORE THAN FIVE YEARS BEFORE THE INSTITUTION
OF THE ACTION FOR INFRINGEMENT
B 80 It cannot be recovered for acts of infringement
committed before the infringer had known, or had
reasonable grounds to know of the patent.
A. PAYMENTS
B. DAMAGES
C. FEES
D. INTEREST
C 81 The following may be shown by the defendant in an
action for infringement on any of the grounds on which
a petition of cancellation can be brought under
Section 61, except for this.
A. DEFENSES AVAILABLE
B. INVALIDITY OF THE PATENT
C. VALIDITY OF THE PATENT
D. ANY CLAIM THEREOF
A 82 Patent found to be invalid.
A. CANCELLED
B. CLAIMED
C. PREVAILED
D. ACCEPTED
A 83 It shall appoint two or more assessors in infringement

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action.
A. COURT
B. DIRECTOR
C. EXAMINER
D. PATENTEE
C 84 The length of time wherein a criminal action for
petition of infringement shall prescribed.
A. ONE YEAR FROM THE DATE OF THE COMMISSION OF THE
CRIME
B. TWO YEARS FROM THE DATE OF THE COMMISSION OF THE
CRIME
C. THREE YEARS FROM THE DATE OF THE COMMISSION OF
THE CRIME
D. FOUR YEARS FROM THE DATE OF THE COMMISSION OF THE
CRIME
A 85 It does not pertain to the computer software developed
for mass market.
A. PRODUCED, MADE AND MARKETED FOR A BROAD RANGE OF
PURPOSES AD USERS EXCLUDING END-USERS AND
COMMERCIAL USERS
B. SOLD OVER THE COUNTER OR VIA STANDARD DELIVERY
MECHANISMS
C. INVOLVES PAYMENTS THAT ARE NOT BASED ON ROYALTY
D. GENERALLY PROVIDES FOR AN INDEFINITE TERM FOR THE
USE OF THE SOFTWARE
B 86 The jurisdiction exercised by the Director of the
Documentation, Information and Technology Transfer
Bureau in the settlement of disputes between parties
to a technology transfer arrangement arising from
technology transfer payments.
A. JUDICIAL
B. QUASI-JUDICIAL
C. LEGAL
D. CONSERVATIVE
B 87 A provision that is not deemed as a prima facie to
have an adverse on competition and trade, except in
cases under Section 91.
A. THOSE PURSUANT TO WHICH THE LICENSOR RESERVES THE
RIGHT TO FIX THE SALE OR RESALE PRICES OF THE
PRODUCTS MANUFACTURED ON THE BASIS OF THE LICENSE
B. THOSE THAT DOES NOT CONTAIN RESTRICTIONS
REGARDING THE VOLUME AND STRUCTURE OF PRODUCTION
C. THOSE THAT PROHIBIT THE USE OF COMPETITIVE
TECHNOLOGIES IN A NON-EXCLUSIVE TECHNOLOGY
TRANSFER
D. THOSE THAT ESTABLISH A FULL OR PARTIAL PURCHASE
OPTION IN FAVOR OF THE LICENSOR
C 88 These are provisions that shall be included in
voluntary license contracts as provided in Section 88
of the IP Code and reproduced in rule 3c of the
Regulations.

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A. VOLUNTARY PROVISIONS
B. EXECUTORY PROVISIONS
C. MANDATORY PROVISIONS
D. LAX PROVISIONS
B 89 In the absence of any provision to the contrary in the
technology transfer arrangement, the grant of a
license shall not prevent this party from granting
further licenses to third person nor from exploiting
the subject matter of a technology transfer
arrangement himself.
A. LICENSEE
B. LICENSOR
C. EXAMINER
D. COMMISSIONER
C 90 This party shall be entitled to exploit the subject
matter of the technology transfer arrangement during
the whole term of the technology transfer arrangement.
A. EXAMINER
B. COMMISSIONER
C. LICENSEE
D. LICENSOR
A 91 A party to a technology transfer arrangement or his
duly authorized representative that may file an
application.
A. ANY PARTY
B. LICENSOR ONLY
C. LICENSEE ONLY
D. BUREAU ONLY
A 92 The Bureau may conduct a summary evaluation of the
technology transfer arrangement this length of time.
A. WITHIN 10 DAYS FROM FILING
B. WITHIN 14 DAYS FROM FILING
C. AFTER 10 DAYS FROM FILING
D. AFTER 14 DAYS FROM FILING
A 93 The party that may grant a license to exploit a
patented invention, even without the agreement of the
patent owner, in favor of a person who has shown his
capability to exploit the invention.
A. DIRECTOR OF LEGAL AFFAIRS
B. COMMITTEE
C. LICENSOR
D. LICENSEE
A 94 It may not be applied for on the ground stated in
Subsection 93.5 before the expiration of a period of
four years from the date of filing pf the application
or three years from the date of the patent whichever
period expires last.
A. COMPULSORY LICENSE
B. PATENT LICENSE
C. PATENT CERTIFICATE
D. COMPULSORY CERTIFICATE

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A 95 The license will only be granted on this circumstance


on reasonable commercial terms and conditions but such
efforts have not been successful within a reasonable
period.
A. AFTER THE PETITIONER HAS MADE EFFORTS TO OBTAIN
AUTHORIZATION FROM THE PATENT OWNER
B. AFTER THE COMMITTEE HAS MADE EFFORTS TO OBTAIN
AUTHORIZATION FROM THE PATENT OWNER
C. AFTER THE DIRECTOR HAS MADE EFFORTS TO OBTAIN
AUTHORIZATION FROM THE PATENT OWNER
D. AFTER THE EXAMINER HAS MADE EFFORTS TO OBTAIN
AUTHORIZATION FROM THE PATENT OWNER
B 96 In the case of compulsory licensing of patents
involving semi-conductor technology, the license may
only be granted in this case which is determined after
judicial or administrative process to be anti-
competitive.
A. PRIVATE NON-COMMERCIAL OR TO REMEDY A PRACTICE
B. PUBLIC NON-COMMERCIAL OR TO REMEDY A PRACTICE
C. PRIVATE COMMERCIAL OR REMEDY A PRACTICE
D. PUBLIC COMMERCIAL OR TO REMEDY A PRACTICE
A 97 If the invention protected by a patent, hereafter
referred to as “second patent””, within the country
cannot be worked without infringing another patent,
hereafter referred to as this.
A. FIRST PATENT
B. SECOND PATENT
C. THIRD PATENT
D. FOURTH PATENT
C 98 The petition for compulsory licensing must be in
writing, verified by the petitioner and accompanied by
this.
A. NOTICE OF THE REQUIRED FILING FEE
B. REQUEST OF THE REQUIRED FILING FEE
C. PAYMENT OF THE REQUIRED FILING FEE
D. INTEREST OF THE REQUIRED FILING FEE
C 99 In every case, the notice shall be published by the
said Office in this appear, once a week for three
consecutive weeks and once in the IPO Gazette at
applicant’s expense.
A. IPO GAZETTE
B. MAGAZINE
C. NEWSPAPER OF GENERAL CIRCULATION
D. PAMPHLET
A 100 The party that shall fixed the basic terms and
conditions including the rate of royalties of a
compulsory license.
A. DIRECTOR OF LEGAL AFFAIRS
B. DIRECTOR GENERAL
C. EXAMINER
D. SECRETARY

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C 101 Upon the request of the patentee, the said Director


may cancel the compulsory license in the following
cases, except for this.
A. IF THE GROUND FOR THE GRANT OF THE COMPULSORY
LICENSE NO LONGER EXISTS AND IS UNLIKELY TO RECUR
B. IF THE LICENSEE HAS NEITHER BEGUN TO SUPPLY THE
DOMESTIC MARKET NOR MADE SERIOUS PREPARATION
THEREFOR
C. IF THE LICENSEE HAS COMPLIED WITH THE PRESCRIBED
TERMS OF THE LICENSE
D. IF THE LICENSEE HAS NOT COMPLIED WITH THE
PRESCRIBED TERMS OF THE LICENSE
B 102 Any person who works a patented product, substance
and/or process under a license granted under this
Chapter, shall be free from this for infringement.
A. ANY RIGHT
B. ANY LIABILITY
C. ANY CONDITION
D. ANY INTEREST
A 103 Patents or applications for patents and invention to
which they relate, shall be protected in the same way
as the rights of other property under this.
A. CIVIL CODE
B. PATENT CODE
C. FAMILY CODE
D. OBLIGATIONS AND CONTRACTS
A 104 It may be of the entire right, title or interest in
and to the patent and the invention covered thereby,
or of an undivided share of the entire patent and
invention, in which event the parties become joint
owners thereof. It may be limited to a specified
territory.
A. ASSIGNMENT
B. PATENT
C. TRANSMISSION
D. APPLICATION
A 105 It does not pertain to the form of assignment of a
patent or of an application for a patent.
A. MUST BE ORAL OR IN WRITING
B. MUST BE ACKNOWLEDGE BEFORE A NOTARY PUBLIC
C. MUST BE ACCOMPANIED BY AN APPOINTMENT OF A
RESIDENT AGENT, IF THE ASSIGNEE IS NOT DOMICILED
IN THE PHILIPPINES
D. MUST IDENTIFY THE LETTERS PATENT INVOLVED BY
NUMBER, DATE, NAME OF THE PATENTEE
B 106 It shall record assignments, licenses and other
instruments relating to the transmission of any right,
title or interest in and to inventions, and patents or
application for patents or inventions.
A. COMMISSION
B. OFFICE

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C. DIRECTOR
D. BUREAU
A 107 If two or more persons jointly own a patent and the
invention covered thereby, this party shall be
entitled to personally make, use, sell or import the
invention in for his own profit.
A. EACH OF THE JOINT OWNERS
B. MAJORITY OWNER
C. MINORITY OWNER
D. DOMINANT OWNER
A 108 This is not included in the elements needed for the
filing date of Utility Model Application.
A. AN EXPRESS OR IMPLICIT INDICATION THAT A UTILITY
MODEL REGISTRATION IS SOUGHT
B. INFORMATION IDENTIFYING THE APPLICANT
C. DESCRIPTION OF THE UTILITY MODEL AND ONE OR MORE
CLAIMS
D. A REGISTRATION FOR THE UTILITY MODEL TO SEC
A 109 The Utility Model Application shall be evaluated
taking into consideration the formality requirements
stated in the Regulations, except for this.
A. DEED OF TRANSMISSION
B. PAYMENT OF ALL FEES
C. SIGNATURE OF THE APPLICANT/S
D. IDENTIFICATION OF THE MAKER/S
D 110 Time when 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 filling date of the initial
application.
A. 14 DAYS BEFORE THE GRANT OR REFUSAL OF A PATENT
B. 14 DAYS AFTER THE GRANT OR REFUSAL OF A PATENT
C. ANY TIME AFTER THE GRANT OR REFUSAL OF A PATENT
D. ANY TIME BEFORE THE GRANT OR REFUSAL OF A PATENT
B 111 An applicant may not file this number of applications
for the same subject, whether simultaneously or
consecutively.
A. ONE FOR UTILITY MODEL REGISTRATION
B. TWO, ONE FOR UTILITY MODEL REGISTRATION AND THE
OTHER FOR THE GRANT OF A PATENT
C. THREE, ONE FOR UTILITY MODEL REGISTRATION AND TWO
FOR THE GRANT OF A PATENT
D. FOUR, TWO FOR UTILITY MODEL REGISTRATION AND TWO
FOR THE GRANT OF A PATENT
B 112 It refers to any composition of lines or colors or ay
three-dimensional form, whether or not associated with
lines or color.
A. INTERNAL DESIGN
B. INDUSTRIAL DESIGN
C. LAY-OUT DESIGN
D. EXTERNAL DESIGN

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C 113 These are designs that are new or ornamental which


shall benefit from the protection under this Act.
A. EXTERNAL DESIGNS
B. INTERNAL DESIGNS
C. INDUSTRIAL DESIGNS
D. NATURAL DESIGNS
A 114 A circumstance when a layout-design consisting of a
combination of elements and interconnections that are
common place shall be protected.
A. IF THE COMBINATION, TAKEN AS A WHOLE, IS ORIGINAL
B. IF THE COMBINATION, TAKEN AS PARTS, IS ORIGINAL
C. IF THE COMBINATION, TAKEN AS A WHOLE, IS
DEVELOPED
D. IF THE COMBINATION, TAKEN AS PARTS, IS DEVELOPED
A 115 A circumstance when two or more industrial designs may
be the subject of the same application.
A. THEY RELATE TO THE SAME SUB-CLASS OF THE
INTERNATIONAL CLASSIFICATION OR TO THE SAME SET
OR COMPOSITION OF ARTICLES
B. THEY RELATE TO THE DIFFERENT SUB-CLASS OF THE
INTERNATIONAL CLASSIFICATION OR TO THE DIFFERENT
SET OR COMPOSITION OF ARTICLES
C. THEY DO NOT RELATE TO THE SAME SUB-CLASS OF THE
INTERNATIONAL CLASSIFICATION OR TO THE SAME SET
OR COMPOSITION OF ARTICLES
D. THEY DO NOT RELATE TO THE DIFFERENT SUB-CLASS OF
THE INTERNATIONAL CLASSIFICATION OR TO THE SAME
SET OR COMPOSITION OF ARTICLES
D 116 It shall accord as the filing date of receipt of the
application containing indications allowing the
identity of the applicant to be established and a
representation of the article embodying the industrial
design or the layout-design or a pictorial
representation thereof.
A. BUREAU
B. COMMITTEE
C. DIRECTOR
D. OFFICE
D 117 Where the Office finds that the conditions referred to
in Section 113 are fulfilled, it shall order that
registration be effected in the industrial design or
layout-design register and cause the issuance of this,
it shall refuse it.
A. INDUSTRIAL DESIGN OR LAYOUT-DESIGN CERTIFICATE OF
APPLICATION
B. INDUSTRIAL DESIGN OR LAYOUT-DESIGN CERTIFICATE OF
ASSIGNMENT
C. INDUSTRIAL DESIGN OR LAYOUT-DESIGN CERTIFICATE OF
TRANSMISSION
D. INDUSTRIAL DESIGN OR LAYOUT-DESIGN CERTIFICATE OF
REGISTRATION

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C 118 The length of time of the registration of an


industrial design.
A. THREE YEARS FROM THE FILING DATE OF THE
APPLICATION
B. FOUR YEARS FROM THE FILING DATE OF THE
APPLICATION
C. FIVE YEARS FROM THE FILING DATE OF THE
APPLICATION
D. SIX YEARS FROM THE FILING DATE OF THE APPLICATION
B 119 If the essential elements of an industrial design
which us the subject of an application have been
obtained from the creation of another person without
his consent, protection under this Chapter cannot be
invoked against this party.
A. THIRD PARTY
B. INJURED PARTY
C. PATENTEE
D. BUREAU
A 120 At any time during the term of the industrial design
registration, any person upon payment of the required
fee, may petition this party to cancel the industrial
design.
A. DIRECTOR OF LEGAL AFFAIRS
B. EXAMINER
C. COMMITTEE
D. DIRECTOR GENERAL

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