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INTELLECTUAL PROPERTY HW #2

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1. What did the Intellectual Property The IPO replaced the Bureau of patents, trademarks and technology transfer
Office( IPO)replaced? through RA No. 8293
2. What are the 7 bureaus of the IPO? (1) The Bureau of Patents
(2) The Bureau of Trademarks
(3) The Bureau of Legal Affairs
(4) The Documentation, Information and Technology Transfer
(5) The Management Information System and EDP Bureau
(6) The Administrative, Financial and Personnel Services Bureau
(7)The Bureau of Copyright and Other related Rights
3. What position in the IPO are appointed (1) Director General
by the President? (2) Deputies Director Genral
(3) Assistant Directors
4. Who appoints the other officers and The Department of Trade and Industry
employees of the IPO.
5. What are the 7 functions of the IPO? (1)Examine applications for grant of letters patent for inventions and register utility
models and industrial designs;
(2)Examine applications for the registration of marks, geographic indication,
integrated circuits;
(3) Register technology transfer arrangements and settle disputes involving
technology transfer payments covered by the provisions of Part II, Chapter IX on
Voluntary Licensing and develop and implement strategies to promote and facilitate
technology transfer;
(4) Promote the use of patent information as a tool for technology development;
(5) Publish regularly in its own publication the patents, marks, utility models and
industrial designs, issued and approved, and the technology transfer arrangements
registered;
(6)Administratively adjudicate contested proceedings affecting intellectual property
rights; and
(7) Coordinate with other government agencies and the private sector efforts to
formulate and implement plans and policies to strengthen the protection of
intellectual property rights in the country.
6. The power of the director general is (1) the effective, efficient, and economical operations of the Office requiring
subject to the supervision of DTI should statutory enactment;
he wishers to propose policies in
relation to what items? (2) coordination with other agencies of government in relation to the enforcement
of intellectual property rights;
(3) the recognition of attorneys, agents, or other persons representing applicants or
other parties before the Office;
(4) the establishment of fees for the filing and processing of an application for a
patent, utility model or industrial design or mark or a collective mark, geographic
indication and other marks of ownership, and for all other services performed and
materials furnished by the Office
7. What are the qualifications (1) must be natural born citizens of the Philippines
of the Director General and
Deputies Director General? (2) at least thirty-five (35) years of age on the day of their appointment
(3)holders of a college degree
(4) of proven competence, integrity, probity and independence
Provided, That the Director General and at least one (1) Deputy Director General shall be
members of the Philippine Bar who have engaged in the practice of law for at least ten (10)
years:
Provided further, That in the selection of the Director General and the Deputies Director
General, consideration shall be given to such qualifications as would result, as far as
practicable, in the balanced representation in the Directorate General of the various fields of
intellectual property.
8. How long is the term of 5 years.
office of the Director
General and Deputies
Director General?
9. Is reappointment allowed Yes, but once only.
for the Director General
and Deputies Director
General?
10. What is the extent of The Director General by express provision of the law retains his exclusive appellate jurisdiction
jurisdiction of the Director over all decisions rendered by the Deputies Director General.
General?
11. Where to appeal the In case of adverse decision of the Director General, appeal may be made to the court of
decision of the Director appeals or the secretary of DTI.
General?

CA if it involves decisions of Director of patents, Director of trademarks, director of copyright


DTI if Director Documentation, Information and Technology Transfer
12. What are the function of the (1) Search, examination and grant of patent application
Bureau of Patents?
(2) Registration of utility models, industrial designs and integrated circuits
(3) conduct studies in the field of patents in order to assist the director general in formulating
policies
13. What are the function of the (1) Search and examination of the applications for the registration of marks, geographic
Bureau of Trademarks? indications and other marks of ownership and the issuance of the certificates of registration;
and
(2)Conduct studies and researches in the field of trademarks in order to assist the Director
General in formulating policies on the administration and examination of trademarks.
14. What are the function Hear and decide opposition to the application for registration of marks; cancellation of trademarks;
of the Bureau of Legal subject to the provisions of Section 64, cancellation of patents, utility models, and industrial
Affairs? designs; and petitions for compulsory licensing of patents;
10.2. (a) Exercise original jurisdiction in administrative complaints for violations of laws involving
intellectual property rights: Provided, That its jurisdiction is limited to complaints where the total
damages claimed are not less than Two hundred thousand pesos (P200,000): Provided further,
That availment of the provisional remedies may be granted in accordance with the Rules of Court.
The Director of Legal Affairs shall have the power to hold and punish for contempt all those who
disregard orders or writs issued in the course of the proceedings.
15. What does This refers to any action taken by the IPR Enforcement Officer (IEO) relative to the compliant or
enforcement of action report with the end view of ensuring compliance with the provisions of the Intellectual Property
means? Code.
16. Who can file a verified Any right holder or authorized representative mat file a verified complaint
complaint?
17. What should be the The verified complaint must contain among others the nature of the IPR violation, details of the
content of the verified place or establishment to be subjected for visit and a certification against forum shopping.
complaint?
18. What is the task of the To evaluate and validate the allegation of the complaint within 30 days from referral of the case
IPR Enforcement and to recommend actions to the Deputy Director General
Officer?
19. What is the The concerned right holder or representative shall be required to coordinate with the IEO to pursue
responsibility of the and maintain enforcement action on the report.
complainant after the
complaint is validated
by the IEO?
20. What is the It will cause dismissal of the report and due notice shall be given to the complainant for lack of
consequence if the interest to pursue a complaint.
right holder or its
representative fails to
initiate the necessary
complaint within one
month from notice?
21. How many days is the The visitorial order is valid for 10 from the issuance thereof.
validity of the visitorial
order?
22. What is a compliance A compliance order is a document served to the concerned business establishment before any
order? appropriate administrative action is initiated.
23. How long is the Any person or business entity served with a compliance order relation to any complained violation
compliance period? of the IPR may avail of the compliance period for not more than 60 days to avoid being subjected
to an administrative action.
24. Define PATENT. Patent is a set of exclusive rights granted by a state to an inventor or his assignee for a fixed
period of time in exchange for a disclosure of an invention.
25. What does the latin It means "to lay open" (ex. to make available for public inspection)
word 'patere' means?
26. What is the ultimate The ultimate goal is to bring new designs and technologies into the public domain through
goal of the patent disclosure.
system?
27. What are the (1) patent law seeks to foster and reward invention
threefold
purpose of (2) it promotes disclosure of invention to stimulate further invention and to permit the public to practice the
the patent invention once the patent expires
law?
(3) the stringent requirements to patent protection seeks to ensure that ideas in the public domain remain
there for the free use of public
28. What are Sec 21. Patentable Inventions. - Any technical solution of a problem in any field of human activity which is
patentable new, involves an inventive step and is industrially applicable shall be Patentable. It may be, or may relate to,
inventions? a product, or process, or an improvement of any of the foregoing.
29. What are Those that are not compliant with Sec 21 and those that fall under the enumeration in Sec 22
non-
patentable Section 22. Non-Patentable Inventions. - The following shall be excluded from patent protection:
inventions? 22.1. Discoveries, scientific theories and mathematical methods;
22.2. Schemes, rules and methods of performing mental acts, playing games or doing business, and
programs for computers;
22.3. Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods
practiced on the human or animal body. This provision shall not apply to products and composition for use
in any of these methods;
22.4. Plant varieties or animal breeds or essentially biological process for the production of plants or
animals. This provision shall not apply to micro-organisms and non-biological and microbiological
processes.
Provisions under this subsection shall not preclude Congress to consider the enactment of a law providing
sui generis protection of plant varieties and animal breeds and a system of community intellectual rights
protection:
22.5. Aesthetic creations; and
22.6. Anything which is contrary to public order or morality.
30. What are the (1) Novelty
three
elements of (2) Inventive Steps
patentability?
(3) Industrial applicability
31. Define Section 23. Novelty. . - An invention shall not be considered new if it forms part of a prior art.
NOVELTY.
32. What is Section 24. Prior Art. - Prior art shall consist of:
PRIOR ART? 24.1. Everything which has been made available to the public anywhere in the world, before the filing date or
the priority date of the application claiming the invention; and
24.2. The whole contents of an application for a patent, utility model, or industrial design registration,
published in accordance with this Act, filed or effective in the Philippines, with a filing or priority date that is
earlier than the filing or priority date of the application: Provided, That the application which has validly
claimed the filing date of an earlier application under Section 31 of this Act, shall be prior art with effect as
of the filing date of such earlier application: Provided further, That the applicant or the inventor identified in
both applications are not one and the same.
33. What are the (1) Everything which has been made available to the public anywhere in the world
2 classes of
prior art? (2) Those that are actually subject of application for patent registration
34. What does FILING DATE The day when all the requirements of Sec 41 are present and complied with.
means in IPL?
Requirements are as follows:
(1) an express or implicit indication what a Philippine patent is sought
(2) information identifying the applicant
(3) description of the invention and one or more claims in Filipino or English
35. How does the RIGHT OF An application for patent filed by any person who has previously applied for the same invention
PRIORITY happen? in another country which by treaty, convention, or law affords similar privileges to Filipino
citizens, shall be considered as filed as of the date of filing the foreign application:
Provided, That:
(a) the local application expressly claims priority;
(b) it is filed within twelve (12) months from the date the earliest foreign application was filed;
(c) a certified copy of the foreign application together with an English translation is filed within
six (6) months from the date of filing in the Philippines.
36. On what instance can an If the application of a latter date has an earlier foreign application and that the requirements of
application filed on a Sec 31 are duly complied with.
latter date be given
priority?
37. What are the instances (1) When disclosure was made 12 months preceding the filing date or the priority date of
where disclosure will not application.
prejudice the application?
(2) Disclosure was made by any of the following persons:
(a) the inventor
(b) a patent office
(c) a third party which obtained the information directly or indirectly from the inventor
38. What is an INVENTIVE Section 26. Inventive Step. - An invention involves an inventive step if, having regard to prior
STEP art, it is not obvious to a person skilled in the art at the time of the filing date or priority date of
the application claiming the invention.
The invention should not be obvious not to the general public but to a "person skilled in the art"
for it to be patented.
39. Who is a person skilled in A person presumed to be an ordinary practitioner, aware of what was common knowledge in the
the art? art
40. What are the Graham These are factors to determine the obviousness and non-obviousness
factors?

(1) The scope and intent of the prior art


(2) the level of ordinary skill in the art
(3) the difference between the claimed invention and the prior art
(4) objective evidence of non-obviousness
additional factors:
(5) commercial success
(6) long felt but unresolved needs
(7) failure of others
41. What is INDUSTRIAL Section 27. Industrial Applicability. - An invention that can be produced and used in any
APPLICABILITY? industry shall be industrially applicable.
42. Who has the right to a ection 28. Right to a Patent. - The right to a patent belongs to the inventor, his heirs, or
patent? assigns. When two (2) or more persons have jointly made an invention, the right to a patent
shall belong to them jointly.
43. What is the First to File Rule? Section 29. First to File Rule. - 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, or where two or more applications are filed for the same
invention, to the applicant who has the earliest filing date or, the earliest priority date.
44. When an invention is made (1) TO THE EMPLOYEE, if the inventive activity is not part of his regular duties even if the
by an employee in the employee uses the time, facilities and materials of the employer
course of his employment to
whom shall the patent (2) TO THE EMPLOYER, if the invention is the result of the performance of his regularly
belong to? assigned duties, unless there is a contrary agreement.