Q. What are the general classes of intellectual property rights (what are covered by intellectual property rights)?

Ans: 1. Trademarks 2. Tradenames 3. Service marks 4. Patents 5. Copyright and related rights * What are related rights? Ans: these refers to: 1. Rights of performers over their performances 2. Rights of producers of sound recordings 6. Utility models 7. Protection of undisclosed information (or trade secrets) 8. Industrial design 9. Layout design (Topographies of integrated circuits) 10. Protection from unfair competition Q. what is a patent? Ans: a statutory grant which confers to an inventor or his legal successor, in return for the disclosure of the invention to the public, the right for a limited period of time to exclude others from making, using, selling or importing the invention within the territory of the country that grants the patent. Q. what is the benefit of the inventor in the patent system? Ans: in the patent system, the inventor or the patentee is given recognition that he is the inventor of the recognition. Since the invention is valued, he is given material reward by the patent system if the invention has a market value. Therefore, there are two incentives: (1) recognition to the inventor ;(2) reward.

* As an inventor you have the right to make use of your invention. It is not a statutory right. Statutory right refers to the right given by the patent system to the inventor to prevent third persons from using his invention. * In copyright there is no right given to a copyright proprietor to prevent the use of the copyrighted material by third person but the owner can limit the use or access to the works by third person because the proprietor of the copyright has the right to distribute it. In the case of patents, the patentee is given the right to prevent third persons from using the patented material. Hence, the one of the basic differences of patent and copyright is that the in patent, the patentee can limit the use of the patented invention while in copyright, the owner is not given the right to prevent third persons from using it. Q. what is the benefit to the public of the patent system? How does the public benefit from the patent system? Ans: It will enhance innovation. It will enhance technology. And it will allow the public to make use of the invention once the patent expires. Q. how does the public benefited by the enhancement of the innovation or technological advancement? What is needed from the inventor in order that public may benefit from the patent system? Ans: Disclosure of the patent. Q. What is the term of protection for patent? Ans: 20 years. -during this term, a generic manufacturer cannot make, use or sell the patented medicine or drug. But for purposes of the bolar provision , the generic manufacturer, before the expiration of 20 years, is given a leeway wherein the manufacturer is allowed to have better access to these inventions for purposes of submitting certain relevant data to government agencies such as the Patent Office. - Because if generic manufacturers are not give a time period within 20 years to have access to the drug, it will take manufacturers more time to come up a generic drug.

Q. how does the patent system materially rewards the invention? Ans: the patent system gives the patentee or inventor the right to prevent others from commercially exploiting his invention.

- but the law says that the government offices must protect the data submitted to the patent owners (Art. 39.3) because government agencies might use the data for commercial purposes. - the bolar provision is intended only for purposes of submitting data to the government agencies.

Ans: It forms part of the prior art. Q. what about those publications of patent application, or patent specification, does it form part of prior art? Ans: Yes. Thats why you have to check your inventions. Q. why is it that prior art is important in determining novelty? Ans: because if it already part of the prior art then it is not novel. Novelty means that there must be new characteristic in the invention that is not part of the prior art. Q. when is there inventive step? Ans: it must not be obvious to a person who is skilled in that subject matter or learned in that particular field. This person is referred to as the skilled person meaning the average or ordinary person in the field. Skilled person need not have creative imagination. The only requirement is that the skilled person is the average or ordinary person in the technical field. Q. why is it that the law says that if the advancement or development of the invention is not obvious to a skilled person then there is n inventive step? Ans: because if something is obvious to an average person then it does not require someone with creative mind to be able to produce such. So it would not really be an invention but merely an improvement or slight change in the existing thing or subject matter. Q. when do you determine if there is an inventive step? Ans: the reckoning period to determine if there is an inventive step is the priority date or filing date. Q. We say that a patent is any technical solution to a problem. Is it required that the problem be a new problem? Ans: No. it can be an old problem but the technical solution must be new. The invention need not be complicated.

Q. what are the conditions or requisites of patentability? Ans: (1) novelty; (2) inventive step (non-obviousness); (3) industrial applicability; (4) patentable subject matter Q: what is novelty? Ans: the invention must not form part of the prior art (which shall consist of everything that has been made available to the public anywhere in the world) Q. A student made a paper on certain subject matter which is a patentable subject matter. Does this form part of the prior art? Ans: Yes. Because it is already made available to the public even if no one read it. Q: what if it is publish in Mars? Ans: No. because the law says anywhere in the world, outside of it, it cannot be considered a prior art. Q: what if an invention was subject to a tv broadcast, will it form part of the prior art? Ans: Yes. Q. what does made available to the public mean? Ans: it can be made orally or in writing. Q. what if a patentable invention is made available to the public?

Q. Can a safety pin be subject to a patent? Ans: Yes. It complies with the requisites of patentability. It has industrial applicability. It has inventive step. It is novel at the time is was made. It is a patentable subject matter.

Q. what is the difference between a patent and a utility model? Ans: Q. I am the inventor of a product. I mentioned my invention in a contest on March 4,2010 on March 10, 2011. I filed an application for patent for my invention. Is my invention capable of being granted a patent? Ans: No. the 12 month period has already lapse. The disclosure of the inventor which was made more than 12 months prior to the filing date of the application will be considered already as being made available to the public. Hence, General rule: if it being made available to the public you cannot have it patented. Exception: In cases of non-prejudicial disclosure.

Q. can you have a patent for plant variety? Ans: No Q. Can you have a patent for animal breed? Ans: No Q. Can you have a patent for computer programs? Ans: No Q. Can you have a copyright for computer programs? Ans: Yes Q: can you have a patent for designs of integrated circuits? Ans: No. Why? Ans: It is a design hence covered by Layout Design or topographies of integrated circuits. It cannot be a subject of a patent because there is not inventive step. It cannot be a subject of copyright because ____________ Q: what are the types of patents of inventions? Ans: the IP Code mentions of the following (statutory classes of patents): (1) Product patent (2) Process patent (3) And those which cannot be the subject of a patent are the following except microbiological process, microorganisms

Q. Who are the persons who are covered by nonprejudicial disclosure? Ans: the (1) inventor (2) intellectual property office when it comes to information and application filed by the inventor which should not be disclosed (3) when the information is from application of third person without authority from the inventor and the information was derived directly or indirectly from the inventor. Q. why is it that we have such a provision as nonprejudicial disclosure? or why do we have the 12 month period? Ans: because inventor usually do not know that once they disclose the invention to the public. Hence, to protect their interest, the law allows them 12 months from time of disclosure to have their inventions patented. Q. can you obtain a patent protection for a method or treatment of the human body?

Ans: No. Q. how about the animal body? Ans: No. Q. why did the law exclude treatment of the human body or animal body? Ans: because you cannot have a monopoly over process or treatment of the human body. It is against public morals. Q. Is surgical research surgery patentable? Ans: the treatment or process is not patentable. But the machine is a patentable product. But the treatment of method is not patentable. * section 171,IPL -first par. refers to product patent -second par. Refers to process product.

Q. can a you have a patent for a substance that exists in a plant (substance existing in nature)? Ans: No, something that exists in nature cannot be the subject of a patent. But if you have a process for extracting that substance, said process is patentable. Q. what are the limitations of the patent rights? Ans:

Q. when is there no inventive step? Ans: the law says that the invention of a form or property of a drug does not result in a patentable invention unless it results in the efficacy of that drug (Amendment of IP Code by RA 9502).Section 22.1, 2nd paragraph. What is the reason for this amendment? Ans: because what manufacturer do is that they obtain a patent. No one else can manufacture it but it does not result in efficacy. It is intended therefore to prohibit monopoly. In the case of drugs or medicines, there is no inventive step if the invention results from the mere discovery of a new form, new property of a known substance which does not result in the enhancement of the known efficacy of that substance, or the mere discovery of any new the property, or new use of a known substance. this is already

Q. I invented a drug, then I distributed it to the market in the US, can a Filipino citizen import to the Philippines said drug without violating the patent rights? Ans: Yes. Q. if a product or invention is distributed in the market in the US, can a Filipino citizen import it to the Philippines even without the consent of the inventor? Ans: exhaustion of patent rights - Or the national exhaustion principle - using a patented product which has been put on the market in the Philippines by the owner of the product or with his express consent, in so far. - The exhaustion or the doctrine of first sale means that the sale or introduction to the market of the patented product exhaust the rights of the patent. Therefore, if an invention has been put on the market in the Philippines by the owner of the product or inventor then it will already exhaust the rights of the inventor

Q. what are patent rights? What are rights granted to a patentee? Ans: to make, use, sell, or import.

therefore it can be considered as limitation of these patent rights. Once it has been introduce in the market in the Philippines, it can be used by anyone.

Q. what are the variants of the exhaustion principle? Ans: 1. National exhaustion 2. regional exhaustion 3 . intenational exhaustion *General: we adopt to the national exhaustion. Thats why the provision says by putting a product on the market in the Philippines *Exception: Drugs and medicines shall be introduced in the Philippines and anywhere else in the Philippines -hence, if the drug has been introduced in the market anywhere in the world, the consequence will be, it can the subject of importation and can now be distributed in the Philippines because it adopts the international exhaustion doctrine when it comes to drugs and medicines. *Section 72.2- fair use *Section 72.3-experiemental use exception Q. what is the experimental use exception? Ans: Q: what is a Bolar provision? Ans: Section 72.4, IPL refers to the Bolar provision.