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Philippine Bar review · Question

Practice question: Patentable vs. Non-Patentable Inventions

Multiple Choice Medium

Practice question

An inventor publicly discloses the claimed information eight months before filing, with no priority claim. The disclosure is by the inventor and otherwise satisfies Section25.1(a). Is novelty necessarily destroyed solely by that disclosure?
  1. No; it falls within the specified twelve-month nonprejudicial-disclosure rule
  2. Yes; Section25 has no inventor-disclosure exception
  3. Yes; eight months is always beyond twelve months
  4. No; because every disclosure by every person at any date is exempt
  5. Yes; inventor disclosure is treated more harshly than all unrelated disclosure

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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