Practice question
A and B jointly own a patent. A personally makes and sells the invention for A’s own profit. No agreement changes the Section107 rule and no third-party license is granted. Does joint ownership alone bar that personal exploitation?
- No; Section107 expressly permits each joint owner’s personal making, use, sale or import for own profit
- Yes; joint ownership always prohibits all personal use
- Yes; personal making is legally identical to granting a stranger a license
- No; because B automatically loses ownership
- Yes; the patent expires upon the first personal sale
Legal references
- RA8293 IP Code: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html Sections29,31 and104–107.
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