Practice question
A new surgical instrument is claimed as a product, not as a method of operating on the body. A reviewer rejects it solely because section 22.3 excludes surgical methods. What is the best answer?
- All medical instruments are excluded by that subsection.
- The subsection's product/composition distinction prevents that categorical rejection; the instrument must still satisfy the applicable patentability requirements.
- Medical purpose guarantees a patent without examination.
- Only the instrument's price matters.
- A product must be treated as a surgical method merely because a surgeon uses it.
Legal references
- Intellectual Property Code, RA 8293, sections 21–27, https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
- RA 9502, sections 5–6 amending IP Code sections 22.1 and 26, https://lawphil.net/statutes/repacts/ra2008/ra_9502_2008.html
Answer this question in flashcards to review your response and continue practicing.