Practice question
A business proves good-faith serious preparations before the patent’s priority date. It sells the standalone claimed prior-user right while retaining the business and the relevant operating unit. Is Section 73.2 satisfied?
- Yes, every prior-user right is freely severable
- Yes, because no assets need be transferred
- Yes, if the document is titled patent sale
- No; the right may only be transferred with the enterprise or the relevant part in which use or preparations occurred
- No; prior-user rights can never accompany a business sale
Legal references
- RA 8293, Intellectual Property Code, Sections 67-70, 73 and 76-107, read with RA 9502: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
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