Philippine Bar review · Question

Practice question: Ownership of Patents

Multiple Choice Hard

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?
  1. The first-to-file rule favors B on the stipulated filing and priority facts.
  2. Earlier invention alone always defeats filing.
  3. The older inventor necessarily wins.
  4. The invention becomes jointly made merely because both made it.
  5. 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

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