Practice question
A and B independently make the same invention. B files first, while A invented earlier but files later and has no earlier valid priority date. Both are genuine independent inventors. Which Section 29 rule controls entitlement between them?
- The first-to-file rule favors B on the stipulated filing and priority facts.
- Earlier invention alone always defeats filing.
- The older inventor necessarily wins.
- The invention becomes jointly made merely because both made it.
- The first person to advertise always wins.
Legal references
- RA8293, IP Code, Sections28–30,71–76: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
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