Practice question
The patent is for a process producing a new product. The defendant markets an identical product. The court invokes Section 78 and orders proof that the defendant’s process differs. The defendant fears disclosure of manufacturing secrets. Which is correct?
- Section 78 never shifts any burden
- Every trade secret must be published without safeguards
- The identical new product can trigger the presumption, and the court must protect secrets as far as practicable
- The defendant automatically owns the patent
- A new product cannot be process-patented
Legal references
- RA 8293, Intellectual Property Code, Sections 67-70, 73 and 76-107, read with RA 9502: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
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