I.

Any technical solution of a problem in any field of human activity which is new, involves an
inventive step and is industrially applicable shall be Patentable. TRUE
II. Patentable inventions may be, or may relate to, a product, or process, or an improvement of
any of the foregoing. TRUE

I. Everything which has been made available to the public in the Philippines, before the filing
date or the priority date of the application claiming the invention. TRUE

II. The whole contents of an application for a patent, utility model, or industrial design
registration, published in the Philippines, with a filing or priority date that is earlier than the
filing or priority date of the application. TRUE

means any person who, at the filing date of application, had the right to the patent. INVENTOR

I. An applicant who is not a resident of the Philippines must appoint and maintain a resident
agent or representative in the Philippines TRUE
II. The application for patent shall relate to one invention only or to a group of inventions
forming a single general inventive concept, TRUE

Any unique product of the mind or human intellect which includes music, movie, books, software,
paintings, words, phrases, symbols, designs, chemical formulas. INTELLCTUAL PROPERTY

I. The patent application shall be in English only and shall contain the following: (a) A request
for the grant of a patent; (b) A description of the invention; (c) Drawings necessary for the
understanding of the invention; (d) One or more claims; and (e) An abstract. FALSE
(FILIPINO AND ENGLISH)

II. No patent may be granted unless the application identifies the inventor. If the applicant is
not the inventor, the Office may require him to submit said authority. TRUE

I. If two (2) or more persons have made the invention separately and independently of each
other, the right to the patent shall belong to the person who filed an application for such
invention TRUE
II. where two or more applications are filed for the same invention, the right to patent shall
belong to both of them. FALSE (to the applicant who has the earliest filing date or, the
earliest priority date)
 I. Non-use of a mark may be excused if caused by circumstances arising independently of the
will of the trademark owner. Lack of funds shall excuse non-use of a mark. FALSE (shall not
excuse)
II. The use of the mark in a form different from the form in which it is registered, which does
not alter its distinctive character, shall be ground for cancellation or removal of the mark and
shall diminish the protection granted to the mark. FALSE ( shall not be)

The following are limitations on the use of trade name or business name, except:

IT POINT OUT DISTINCTLLY THE ORIGIN OR OWNERSHIP OF THE ARTICLES TO WHICH IT IS AFFIXED

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. MARK

is a work created by an officer or employee of the Philippine Government or any of its subdivisions and
instrumentalities, including government-owned or controlled corporations as part of his regularly
prescribed official duties. A WORK OF THE GOVERNMENT PHILIPPINES

It is a natural person who created a literary and artistic work. AUTHOR

Is a set of instructions expressed in words, codes, schemes or in any other form, which is capable when
incorporated in a medium that the computer can read, or causing the computer to perform or achieve a
particular task or result COMPUTER PROGRAM

The following are copyrightable works except: PLEADINGS

What protect the intellectual property rights created by artist? COPYRIGHT

The following are copyrightable works except TV PROGRAMS

It means works with the consent of the authors, are made available to the public by wire or wireless
means in such a way that members of the public may access these works from a place and time
individually chosen by them PUBLISHED WORKS

means the making of a work available to the public by wire or wireless means in such a way that
members of the public may access these works from a place and time individually chosen by them;
COMMUNICATION TO THE PUBLIC

I. An author cannot be compelled to perform his contract to create a work or for the
publication of his work already in existence TRUE
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. TRUE
If you write an original story, what type of intellectual property gives you the right to decide who can
make and sell copies of your work? COPYRIGHT

What protects the intellectual property created by artist? COPYRIGHT

I. An applicant who is not a resident of the Philippines must appoint and maintain a resident
agent or representative in the Philippines TRUE
II. The application for patents shall relate to one invention only or to a group of inventions
forming a single general inventive concept FALSE (invention)

I. If several independent inventions which do not form a single general inventive concept are
claimed in one application, the Director may require that the application be restricted to not
more than three inventions FALSE (to a single invention)

II. an application that did not comply with the requirement of unity of invention shall be a
ground to cancel the patent. FALSE (shall not be)

A set of exclusive rights granted to an inventor to make, use or sell an invention. PATENT

I. An invention is still considered new even if it forms part of a prior art. FALSE (still not be
considered)
II. An invention that can be produced and used in any industry shall be industrially applicable
TRUE

The following marks can be registered, except: EMBLEM

 I. The use of a mark by a company related with the registrant or applicant shall inure to the
latter’s benefit, and such use shall not affect the validity of such mark or of its registration
TRUE
II. The use of a mark in connection with one or more of the goods or services belonging to the
class in respect of which the mark is registered shall prevent its cancellation or removal in
respect of all other goods or services of the same class. TRUE

I. In infringement of trademark, fraudulent intent is necessary. FALSE (unnecessary)

II. Trademark infringement is the unauthorized use of trademark. TRUE

It  is the transfer of possession of the original or a copy of a work or sound recording for a limited period,
for non-profit purposes, by an institution the services of which are available to the public, such as public
library or archive; PUBLIC LENDING

In the case of a work other than an audiovisual work, is the recitation, playing, dancing, acting or
otherwise performing the work, either directly or by means of any device or process

PUBLIC PERFORMANCE

is the making of one (1) or more copies of a work or a sound recording in any manner or form
REPRODUCTION

In most countries, how long does a copyright last for? 50 years after the death of the person who
created that work.

The following Grounds for cancellation of a patent, except: THE INVENTION IS NEW

I. The patents application must be published in the Intellectual Property Office

Gazette or in a newspaper of general circulation FALSE?
II.  A patent application, which has not yet been published, and all related documents,
shall be made available for inspection without the consent of the applicant. FALSE
(shall not be made)

How long does patents usually last for? 15 YEARS or 20 YEARS

The following are the requirements for the petition for cancellation of patent, except:

a. Verified by petitioners only

b. The grounds upon which the cancellation is based must be stated
c. Must be filed with IPO
d. It must be in writing
 I. Patent owners shall also have the right to assign, or transfer by succession the
patent, and to conclude licensing contracts for the same TRUE
II. The right of the prior user may be transferred or assigned independent 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 TRUE

I.  In an infringement action, the court shall also have the power to order the seizure and
impounding of any article which may serve as evidence in the court proceedings TRUE

II. In infringement, it can order the destruction without any compensation all infringing copies

CORRECT: Deliver under oath for destruction without any compensation FALSE

I. Literacy and artistic works are protected by the sole fact of their creation, irrespective of
their mode or form of expression, as well as of their content, quality and purpose. TRUE
II. The elements of copyrightability are originality and expressions FALSE 3 ELEMENTS ARE
FIXATION, ORIGINALITY AND EXPRESSION

What court has jurisdiction over violations of intellectual property rights? SUPREME COURT

I. Both trade name and trade mark can only be acquired thru registration. FALSE
II. Trade name refers to business and its goodwill FALSE

What are the remedieS of the owner of the trademark against infirngers? CRIMINAL CASE

I. The nature of the goods to which the mark is applied will constitute an obstacle to
registration. FALSE (will not)
II. The name, signature, or portrait of a deceased President of the Philippines, can be
registered as a mark unless his widow prohibits the use of it. FALSE

The Intellectual Property Code of the Philippines is: REPUBLIC ACT NO. 8293

I. A Government agency or third person authorized by the Government may exploit the
invention only when agreed to by the patent owner FALSE (even without)
 II. If a person, who was deprived of the patent without his consent or through fraud is declared
by final court order or decision to be the true and actual inventor, 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 if warranted by the circumstances. TRUE

A test in determining trademark infringement where confusing similarity is to be determined on the

basis of visual, aural, connotative comparisons and overall impressions engendered by the marks in
controversy as they are encountered in the marketplace. TOTALITY OR HOLISTIC TEST

I. Prior registration of the trademark is a prerequisite to the action for unfair competition.
TRUE
II. In unfair competition fraudulent intent is essential. TRUE

The following are copyrightable works, except: NEWS OF THE DAY

Is an artistic creation with utilitarian functions or incorporated in a useful article, whether made by hand
or produced on an industrial scale WORKS OF APPLIED ART

is a work which has been created by two (2) or more natural persons at the initiative and under the
direction of another with the understanding that it will be disclosed by the latter under his own name
and that contributing natural persons will not be identified COLLECTIVE WORK

301A
Application 1: Patent for the treatment of the human body by therapy.

Application 2: Trademark for the signature of President Marcos with the consent of Senator Bong Bong
Marcos.

Application 3: Copyright for a computer program invented by a professor.

Which should be approved?

APPLICATION 3
Means any person who, at the filing date of application, had the right to the patent. INVENTOR

What protects the intellectual property created by inventors? PATENTS

I. Following the publication of the patent application, any person may present observations in
writing concerning the patentability of the invention. Such observations shall not be
communicated to the applicant unless ordered by the IPO. FALSE
II. Amendment to the application for patent can only be made after the examination by the
IPO of the application. FALSE (DURING)

I. A patent shall take effect on the date of issuance of the grant of patent. FALSE
(PUBLICATION)
II. The term of a patent shall be fifteen (15) years from the filing date of the application.
FALSE (20 YEARS)

The following are the requisites of patentable inventions, except: IT MUST BE NOVEL
INVENTION

What are the criminal penalties for unfair competition, infringement, false designation of origin and
false representations? A penalty of imprisonment from 2 years to 5 and a fine ranging from Php50,000
to Php200,000.

Any confidential business information which provides an enterprise a competitive edge may be
considered a TRADE SECRET

It is the transfer of the possession of the original or a copy of a work or a sound recording for a limited
period of time, for profit-making purposes. RENTAL