Examples For Presentation

Chapter XIV.
Penalty for False Marking
Section 74. Penalty for false marking. —
Example for 74: In this scenario, John, a manufacturer of electronic gadgets, falsely
represents his newly developed smartphone, called 'TechMaster,' as a patented
invention. Despite not having obtained any patents for his product, John labels the
packaging of the smartphones and runs an aggressive advertising campaign claiming
patented technology. Emily, a vigilant customer, reports the suspicious claims to the
authorities. Upon investigation, it is confirmed that John intentionally misrepresented his
smartphone as being patented. The court finds John guilty, imposing a fine of 500 pesos
and a three-month imprisonment sentence to deter similar actions. This scenario
demonstrates the consequences of falsely representing a non-patented product as
patented, including potential fines, imprisonment, or both, determined by the court.
Section 75. Fees. — (explain)
Chapter XVI.
Miscellaneous
Section 76. Certain priority rights for filing application extended. —
Example for 76: kay naay (1) Filipino inventor nga nka develop og invention nya nag file og
patent application. (2) nya naay foreign inventor nga nag file sad ug iyaha patent. Since ang
Philippines and ang home country sa foreign inventor kay nag extend reciprocal privileges for
patent application. Ang filipino inventor kay mka enjoy certain priority rights sa kini nga foreign
country then ang foreign inventor pud kay naa sd priority rights sa Philippines.
This reciprocal arrangement enables them to protect their inventions in both countries, fostering
innovation and encouraging collaboration among inventors from different nations.
Section 77. Disqualification of officers and employees from acquiring patents and design
registrations. —
Example for 77: kay kini na person kay naay na invent nya ganahan niya ipa patent pero ni
backout nalang sya since employee man siya sa Intellectual Property Office (IPO) so aware jud
siya sa section 77. Except lang if hereditary.
Section 78. Rules and regulations. — The Director, subject to the approval of the Department
Head, shall promulgate the necessary rules and regulations, not inconsistent with law, for the
conduct of all business in the Patent Office.
Example for 78: This section grants the Director of the Patent Office in the Philippines the
authority to create rules and regulations for efficient office operations and the proper handling of
patent and trademark cases. The Director can recognize representatives based on
qualifications and suspend or exclude individuals for misconduct. Unauthorized representation
or violation of these rules is illegal, and enforcing them ensures professionalism and integrity in
the intellectual property system.
Section 79. Records to be public. — The records of the Office shall be open to public
inspection, and any person may obtain an authenticated copy thereof on payment of the
prescribed fees.
Section 80. Repealing clause. — Acts numbered Twenty-two hundred and thirty-five, Twenty-
seven hundred and ninety-three, as amended, and all other acts, or parts of acts, inconsistent
herewith, are hereby repealed.
This example states that Acts numbered Twenty-two hundred and thirty-five and Twenty-seven
hundred and ninety-three, along with any amendments made to them, as well as any other acts
or parts of acts that conflict with the current law, are being officially repealed or abolished.
Section 81. Reservation of prior rights. — Any rights acquired under laws existing prior to the
taking effect of this Act are hereby respected and preserved.
The example ensures that rights acquired before the implementation of Republic Act 165, the
Patent Law, will be respected and protected, preventing any disadvantage or loss of previously
acquired rights. It aims to preserve and uphold rights obtained under the previous legal system.
Section 82. Appropriation. — The sum of seventy-five thousand pesos, or so much thereof as
may be necessary, is hereby appropriated out of any funds in the National Treasury not
otherwise appropriated, for the initial expenses of the Office, including organization expenses,
salaries, supplies, equipment, and other sundry expenses until June thirtieth, nineteen hundred
and forty-eight.
In summary, this example indicates that a particular amount of seventy-five thousand pesos, or
the required portion of it, will be reserved from the unallocated funds in the National Treasury.
This allocation is designated for the initial expenses of the Office, which includes costs related to
organization, salaries, supplies, equipment, and various miscellaneous expenses. The allocation
will continue to be in effect until June 30th, 1948, serving as a funding source for the mentioned
purposes until that date.
Sec. 82-A. The Director shall be authorized to use and spend a portion not to exceed
fifty per cent of the Office's total income for the improvement of facilities and services as well as
for equipment outlay, for implementation of this Act including expenses for participation in the
World Intellectual Property Organization and similar organizations concerned with international
cooperation in the expeditious processing of patent applications.
Effective date. — This Act shall take effect on its approval.

This example states that Republic Act 165, which is the Patent Law, will become effective
immediately once it is approved. The Act will start to be in force from the moment it receives the
approval of the governing body.

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Chapter XIV.

Penalty for False Marking

Section 74. Penalty for false marking. —

Section 75. Fees. — (explain)

Section 76. Certain priority rights for filing application extended. —

Effective date. — This Act shall take effect on its approval.

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