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Philippine Bar review · Question

Practice question: Patent Infringement

Multiple Choice Hard

Practice question

A supplier knowingly provides an infringer a component especially adapted for the patented infringement and unsuitable for substantial noninfringing use. The underlying infringement and all Section 76.6 conditions are established. The supplier says only the direct maker can ever be liable. Which rule applies?
  1. Suppliers can never incur patent liability.
  2. The supplier automatically owns the invention.
  3. Knowledge is always irrelevant.
  4. The statute permits contributory liability jointly and severally with the infringer under the stated conditions.
  5. Only a trademark claim is possible.

Legal references

  • RA8293, IP Code, Sections28–30,71–76: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
  • RA9502 amendments to IP Code Sections72 and74: https://lawphil.net/statutes/repacts/ra2008/ra_9502_2008.html
  • Phillips Seafood v. Tuna Processors, GR214148, February6 2023, main decision: https://lawphil.net/judjuris/juri2023/feb2023/gr_214148_2023.html
  • Tuna Processors v. Frescomar/Hawaii International Seafood, GR226445/226631, February27 2024, main decision: https://lawphil.net/judjuris/juri2024/feb2024/gr_226445_2024.html

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