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Philippine Bar review · Question

Practice question: Ownership of Patents

Multiple Choice Hard

Practice question

Independent inventor A validly files for the same invention abroad on January15 2025 in a country affording the required reciprocal privileges. A files locally on January10 2026, expressly claims priority and satisfies all Section31 documentary requirements. B independently files locally on June1 2025 with no earlier priority. Other entitlement issues are absent. Which date controls A’s position under Sections29 and31?
  1. January15 2025, the valid claimed foreign-priority date
  2. January10 2026 only, because foreign priority is never recognized
  3. June1 2025, because B’s local date must become A’s date
  4. The date the first product is sold
  5. A’s date chosen solely by the patent examiner without reference to law

Legal references

  • RA8293 IP Code: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html Sections29,31 and104–107.

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