LAW ON PATENTS

1. "I" has invented a certain device, which when attached to the engine of a motor vehicle
would cut the consumption of gasoline by 50%. Without securing a patent therefor, he
started manufacturing the gadget in large quantities and promoted its sales. An ingenious
"J” bought one gadget, dismantled and studied it, and in due time was himself
manufacturing an identical device. Before offering it for sale, "J" secured a patent for his
device which he called "Gasopid". "I" learns of the patent and desires to secure his own
patent but fearing that he might be sued for infringement of patents, seeks your legal
advice. How can you help him? Explain briefly.

2. Yosha was able to put together a mechanical water pump in his garage consisting of
suction systems capable of drawing water from the earth using less human effort than what
was then required by existing models. The water pump system provides for a new system
which has the elements of novelty and inventive steps. Yosha, while preparing to have his
invention registered with the IPO, had several models of his new system fabricated and
sold in his province.

If Yosha is able to properly register his patent with the IPO, can he prevent anyone who has
possession of the earlier models from using them?

3. Nestor Dionisio invented a space age revolutionary mini room air-conditioner and was able
to secure the registration patent and issuance of patent certificate for said invention by the
Philippines' Patent Office. He immediately went into commercial production and sale of his
invention. Later, Carlos Asistio, who used to be Nestor's plant manager, organized his own
company, and engaged in the manufacture of exactly the same mini-room air-conditioners
for his own outfit and which he sold for his own benefit.

As counsel of Dionisio, what legal steps would you take to protect his rights and interests?
Discuss.

4. In an action for infringement of patent, the alleged infringer defended himself by stating (1)
that the patent issued by the Patent Office was not really an invention which was
patentable; (2) that he had no intent to infringe so that there was no actionable case for
infringement; and (3) that there was no exact duplication of the patentee’s existing patent
but only a minor improvement.

With those defenses, would you exempt the alleged violator from liability? Why?

5. Super Biology Corporation (Super Biology) invented and patented a miracle medicine for
the cure of AIDS. Being the sole manufacturer, Super Biology sold the medicine at an
exorbitant price. Because of the sudden prevalence of AIDS cases in Metro Manila and
other urban areas, the Department of Health (DOH) asked Super Biology for a license to
produce and sell the AIDS medicine to the public at a substantially lower price. Super
Biology, citing the huge costs and expenses incurred for research and development,
refused. Assuming you are asked your opinion as the legal consultant of DOH, discuss how
you will resolve the matter.