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Philippine Bar review · Question

Practice question: Rights and Limitations of Patent Owner

Multiple Choice Hard

Practice question

A company performs specified acts involving a patented medicine solely for purposes reasonably related to development and submission of regulatory information under the relevant law. It then claims that Section 72.4 also authorizes unrelated unrestricted commercial sales. Which conclusion is sound?
  1. Every regulatory test creates perpetual commercial immunity.
  2. The owner loses every patent claim on the first experiment.
  3. The limitation's sole regulatory-purpose condition cannot be extended automatically to unrelated commercial exploitation.
  4. Only foreign agencies can ever be involved.
  5. The limitation automatically assigns the patent.

Legal references

  • RA8293, IP Code, Sections28–30,71–76: https://lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
  • RA9502 amendments to IP Code Sections72 and74: https://lawphil.net/statutes/repacts/ra2008/ra_9502_2008.html

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