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Philippine Bar review · Question

Practice question: Rights and Limitations of Patent Owner

Multiple Choice Medium

Practice question

A person invokes Section 72.2 for a private noncommercial act but concedes it significantly prejudices the patent owner's economic interests. Does the noncommercial label alone establish the limitation?
  1. Yes, the proviso has no effect.
  2. Yes, every private act is unrestricted.
  3. Yes, all patent rights disappear at home.
  4. Yes, economic prejudice is legally irrelevant.
  5. No; the statutory proviso concerning significant economic prejudice must also be satisfied.

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

Answer this question in flashcards to review your response and continue practicing.