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?
- No; plant varieties are within the express exclusion, without deciding any separate sui generis protection
- Yes; development cost overrides every exclusion
- Yes; every plant variety is automatically a microorganism
- No; because all microbiological processes are also expressly excluded without exception
- 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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