Practice question
A later buyer pays value for an interest in a patent but admittedly knows of an earlier unrecorded assignment of the same interest. He invokes section 106.2 solely on the theory that any paying buyer automatically receives its protection. Which conclusion is best?
- Value alone satisfies every element.
- Actual notice is legally irrelevant under the section.
- A later purchase automatically erases earlier instruments.
- The earlier instrument must be treated as nonexistent for all purposes.
- The section's specified protection requires absence of notice as well as value; the admitted knowledge defeats that asserted ground.
Legal references
- Intellectual Property Code, RA 8293, sections 103–106, https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
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