LAW ON PATENTS

1. 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.

Is Yosha's invention no longer patentable by virtue of the fact that he had sold several models to the
public before the formal application for registration of patent was filed with the IPO? Explain.

2. X Pharmaceuticals, Inc. has been manufacturing the antibiotic ointment Marvelopis, which is
covered by a patent expiring in the year 2020. In January 2019, the company filed an application for
a new patent for Disilopis, which although constituting the same substance as Marvelopis, is no
longer treated as an antibiotic but is targeted and marketed for a new use, i.e., skin whitening.

Should X Pharmaceuticals, Inc.'s patent application for Disilopis be granted? Explain.

3. Dr. Nobel discovered a new method of treating Alzheimer’s involving a special method of
diagnosing the disease, treating it with a new medicine that has been discovered after long
experimentation and field testing, and novel mental isometric exercises. He comes to you for advice
on how he can have his discoveries protected. Can he legally protect his new method of diagnosis,
the new medicine, and the new method of treatment? Explain.

4. Supposing Albert Einstein were alive today and he filed with the Intellectual Property Office (IPO) an
application for patent for his theory of relativity expressed in the formula E = me2. The IPO
disapproved Einstein's application on the ground that his theory of relativity is not patentable. Is the
IPO's action correct? Explain.

5. X invented a method of improving the tenderness of meat by injecting an enzyme solution into the
live animal shortly before a slaughter. Is the invention patentable? Explain.

6. X invented a bogus coin detector which can be used exclusively on self-operating gambling devices
otherwise known as onearmed bandits. Can X apply for a patent? Explain.

7. Che-che invented a device that can convert rainwater to automobile fuel. She asked Macon, a
lawyer, to assist in getting her invention patented. Macon suggested that they form a corporation
with other friends and have the corporation apply for a patent, 80% of the shares of stock thereof to
be subscribed by Che-che and 5% by Macon. The corporation was formed and the patent
application was filed. However, Che-che died three (3) months later of a heart attack.

Franco, the estranged husband of Che-che, contested the application of the corporation and filed
his own patent application as the sole surviving heir of Che-che? Explain.

8. Cezar works in a car manufacturing company owned by Joab. Cezar is quite innovative and loves
to tinker with things. With the materials and parts of the car, he was able to invent a gas-saving
device that will enable cars to consume less gas. Francis, a co-worker, saw how Cezar created the
device and likewise came up with a similar gadget, also using scrap materials and spare parts of
the company. Thereafter, Francis filed an application for registration of his device with the Bureau of
Patents. Eighteen (18) months later, Cezar filed his application for the registration of his device with
the Bureau of Patents.

a. Is the gas-saving device patentable? Explain.

b. Assuming that it is patentable, who is entitled to the patent? Explain.
c. What, if any, is the remedy of the losing party?

9. Supposing in the same question above, Joab got wind of the inventions of his employees and also
laid claim to the patents, asserting that Cezar and Francis were using his materials and company
time in making the devices, will his claim prevail over those of his employees? Explain.