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Philippine Bar review · Question

Practice question: Assignment and Transmission of Rights

Multiple Choice Medium

Practice question

A business receives permission under a license contract to use an invention, with no assignment of title. It argues that section 103 automatically makes every licensee the patent owner. Which answer is best?
  1. Every license necessarily transfers title.
  2. A license necessarily cancels the patent.
  3. Section 103 recognizes both licensing and transmission, but permission under the stipulated license does not itself establish an assignment of ownership.
  4. Only a court may ever grant a voluntary license.
  5. A licensee automatically becomes the inventor.

Legal references

  • Intellectual Property Code, RA 8293, sections 103–106, https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html

Answer this question in flashcards to review your response and continue practicing.