1. May patents be assigned or transferred? (Sec. 105).

Answer: The patent assigned through writing and must be acknowledge

before a notary public or other officer authorized to administer oath or perform
notarial acts, and certified under the hand and official seal of the notary or
such other officer.

2. What is the term or duration of patent protection?

Answer: 20 years from the filing date of the application.

3. Can an improvement to an existing invention be protected by a new patent?

Answer: Yes. According to Section 21, product, process, or an improvement

of any of the foregoing are patentable.

4. What is the ultimate goal of patent protection (under the patent system)?

Answer: The goal of the patent protection is in favor to the patent holder.
Without the patent holder's consent, another party making, using, or selling a
patented product constitutes patent infringement. The owner of the patent has
the option to sue the infringer in order to put an end to their actions and obtain
payment for the unauthorized usage. In other words, patent protection
prevents anyone from using, distributing, importing, or selling the innovation
for profit without the patent owner's permission.

5. What is a Utility Model?

Answer: Utility model is a government grant like a patent protection for minor
or incremental innovations. The subject matter should be new and industrially
applicable.

6. What is the term of protection for Utility Model?

Answer: 7 years of protection after the date of the filing of the application
without any possibility of renewal.

7. What is an Industrial Design?

Answer: Any composition of lines and colors or any three-dimensional forms

that gives a special appearance and serve as a pattern for an industrial
product.

8. What is the term of protection for Industrial Design?

Answer: The registration shall be a period of 5 years from the filing date of
application.
9. Enumerate the non-patentable inventions under Sec. 22.

Answer:
a) Discoveries, Scientific Theories, and Mathematical Methods
b) Schemes, rules, and methods of performing mental acts, playing
games or doing business, and programs for computers.
c) Methods for treatment of the human or animal body by surgery
or therapy and diagnostic methods practiced on the human or animal
body.
d) Plant varieties or animal breeds or essentially biological process
for the production of plants or animals.
e) Aesthetic creations
f) Anything which is contrary to public order or morality.

10. Who is the owner of a patent if the invention was created:

Answer:
A. Pursuant to a commission - The person who commissions the work shall
own the patent, unless otherwise provided in the contract.

B. Pursuant to employment - If the inventive activity is not part of a regular

duties, the employee still own the patent even though he use the time,
facilities, and materials of the employer. However, if the invention is the result
of the performance of his regular duties, the the employer shall own the
patent.

11. What is a priority date and what are the conditions for availing of a priority
date?

Answer: Priority date or right of priority is 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
is considered as filed as of the date of filing the foreign application.

An individual inventor can avail the priority date, provided that:

a. the local application expressly claims priority

b. it is filed within twelve months from the date the earliest foreign
application was filed, and
c. a certified copy of the foreign application together with an English
translation is filed within six months from the date of the filing in the
Philippines.

12. What is the doctrine of Unity of Invention?

Answer: The doctrine of Unity of invention requires that the claim of a patent
application is for single invention .

13. What are the grounds for the cancellation of a patent?

Answer:
a. Under Sec. 61. - The grounds for the cancellation of a patent is when the
invention claimed is not new or patentable, patent does not disclose the
invention in a manner sufficiently clear and complete, and when it is contrary
to the public order or morality.

b. Under Sec. 82. - If the court shall find the patent or any claim to be invalid
in an action for infringement, the court will cancel the patent.

c. Under Sec. 21. - It the invention is not new, there is no inventive steps and
it is not industrially applicable.

14. If a person other than the applicant is declared by final court order or
decision as the true and actual inventor, what are his remedies?

Answer:The court shall 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.

15. What are the rights conferred by a patent?

Answer: A patent owner shall have the right to decide who may or may not
used the patented invention for the period in which the invention is protected.
Also, he has the right to assign, or transfer by succession the patent, and to
conclude licensing contracts for the same.

16. What is the doctrine of Prior User?

Answer: Any prior users in good faith will not be made liable for patent
infringement even if they are using an invention that was subsequently
registered by another person. Also, the right of the prior user may only be
transferred or assigned together with his enterprise of or business.

17. When may the Government or third person authorized by the Government
exploit the invention even without the agreement of the patent owner?

Answer: Where:
a. The public interest, particularly national security, nutrition, health or
the development of other sectors, as determined by the appropriate
agency of the government
b. A judicial or administrative body has determined that the manner of
exploitation, by the owner of the patent or his licensee is anti
competitive
c. In the case of drugs and medicines, there is a national emergency or
other circumstance of extreme urgency requiring the use of the
invention.
d. In the case of drugs and medicines, there is a public non-commercial
use of the patent by the patentee, without satisfactory reason.