Practice question
Before a later patent application’s priority date, a firm in good faith had seriously prepared a production line for the invention. After grant it continues the use envisaged by those preparations within the patent’s effective territory. The owner says actual commercial output before the priority date was indispensable. Which is correct?
- Only completed sales can qualify
- The claim is wrong because serious good-faith preparations are an express alternative to actual prior use
- All later businesses qualify regardless of preparation
- The firm acquires title to the entire patent
- The patent is automatically cancelled
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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