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Philippine Bar review · Question

Practice question: Patentable vs. Non-Patentable Inventions

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Practice question

Explain the distinct roles of novelty, inventive step and industrial applicability in section 21. A technical solution is new and usable in industry but obvious to the skilled person. Explain why satisfying two requirements does not establish an invention patent.

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.