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Philippine Bar review · Question

Practice question: Patentable vs. Non-Patentable Inventions

Multiple Choice Medium

Practice question

An applicant seeks a patent on a plant variety as such and invokes Section22.4. Does that paragraph permit a patent merely because the variety was costly to develop?
  1. No; plant varieties are within the express exclusion, without deciding any separate sui generis protection
  2. Yes; development cost overrides every exclusion
  3. Yes; every plant variety is automatically a microorganism
  4. No; because all microbiological processes are also expressly excluded without exception
  5. Yes; an applicant can repeal the exclusion by declaration

Legal references

  • RA8293 IP Code: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html Sections22.2,22.4–22.6,25 and27.
  • RA9502 Sections5–6 amending IPCode22.1 and26: https://lawphil.net/statutes/repacts/ra2008/ra_9502_2008.html Relevant amended patentability framework.

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