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Philippine Bar review · Question

Practice question: Remedies of the True and Actual Inventor

Multiple Choice Medium

Practice question

A final court decision declares Lara entitled to an invention covered by another person's pending application. Within the statutory period she asks to prosecute that application as her own. Is that a listed Section 67 remedy?
  1. No, applications can never be prosecuted by a rightful claimant
  2. Only the original applicant may act even after the judgment
  3. Only a newspaper may substitute applicants
  4. Yes, prosecution in place of the applicant is expressly available
  5. Only seizure of office equipment is allowed

Legal references

  • RA 8293, Section 67.1(a): https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html

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