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Philippine Bar review · Question

Practice question: Ownership of Patents

Multiple Choice Hard

Practice question

A company commissions an invention under a contract expressly reserving patent ownership to the inventor. The company claims commissioning always overrides every contrary contract. Which conclusion follows Section 30.1?
  1. Every commission automatically nullifies the reservation.
  2. The statute permits a contrary contract, so the express ownership reservation must be considered rather than ignored.
  3. Only the patent examiner may privately buy the right.
  4. The inventor's citizenship alone decides the clause.
  5. The ownership agreement necessarily becomes a trademark.

Legal references

  • RA8293, IP Code, Sections28–30,71–76: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html

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