Вы находитесь на странице: 1из 19

MULTIPLE CHOICE QUESTIONS - INTELLECTUAL PROPERTY LAW

PATENTS

1. I. Any technical solution of a problem in any field of human activity which is a new, involves an
inventive step and is industrially applicable shall be patentable.
II. Patentable invention may be, or may relate to, a product, or process, or an improvement of
any of the foregoing.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
2. It is a statutory monopoly which protects against unlicensed used of the device or process even
by the one who discovered it through independent research.
A. Trademark
B. Copyright
C. Patent
D. All of the above.
3. How long is the term of the patent?
a. 10 years
b. 20 years
c. 25 years
d. 30 years
4. I. An invention shall not be considered new if it forms part of a prior art.
II. An invention involves an inventive step if, having regard to prior art, it is not obvious to a
person skilled in the art at the time of the filing date or priority date of the application claiming
the invention.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
5. Prior act shall consist of:
I. Everything which has been made available to the public anywhere in the world, before
the filing date or the priority date of the application claiming the invention.
II. The whole contents of an application for a patent, published, filed or effective in the
Philippines, with a filing or priority date that is earlier than the filing or priority date of
the application.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
6. Means any person who, at the filing date of application, had the right to the patent.
a. Inventor

SOUTHWESTERN UNIVERSITY PHINMA


BUSINESS SCHOOL
MULTIPLE CHOICE QUESTIONS - INTELLECTUAL PROPERTY LAW

b. Infringer
c. Trader
d. Proprietor
7. I. An invention that can be produced and used in any industry shall be industrially applicable.

II. An invention involves an inventive step if, having regard to prior art, it is not obvious to a
person skilled in the art at the time of the filing date or priority date of the application claiming
the invention.

a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
8. I. The right to a patent belongs to the inventor only.

II. When two or more persons have jointly made an invention, the right to a patent shall belong
to them jointly.

a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
9. The right to a patent belongs to:
a. Inventor
b. His heirs
c. His assigns
d. All of the above.
10. I. If two or more persons have made the invention separately and independently of each other,
the right to the patent shall belong to the person who filed an applications for such invention.

II. Where two or more applications are filed for the same invention, the right to patent belongs
to the applicant who has the earliest filing date or, the earliest priority date.

a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
11. I. The person who commissions the work shall own the patent, unless otherwise provided in the
contract.

II. An application for the patent filed by any person who has previously applied for the same
invention in another country which by treaty, convention, or law affords similar privileges to
Filipino citizens, shall be considered as filed as of the date of filing the foreign application.

SOUTHWESTERN UNIVERSITY PHINMA


BUSINESS SCHOOL
MULTIPLE CHOICE QUESTIONS - INTELLECTUAL PROPERTY LAW

a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
12. In case the employee made the invention in the course of his employment contract, the patent
shall belong to:
I. The employee, if the inventive activity is part of his regular duties even if the employee
uses the time, facilities and materials of the employer.
II. The employer, if the invention is the result of the performance of his regularly-assigned
duties, unless there is an agreement, express or implied, to the contrary.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
13. I. No patent may be granted unless the application identities the inventor.
II. An applicant who is not a resident of the Philippines must appoint and maintain a resident
agent or representative in the Philippines.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
14. I. The application shall relate to one invention only or to a group of inventions forming a single
general inventive concept.
II. The fact that a patent has been granted on an application that did not comply with the
requirement of unity of invention shall be ground to cancel the patent.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
15. I. After publication of a patent application, any interested party may inspect the application
documents filed with the Intellectual Property Office.
II. Following the publication of the patent application, any person may present observations in
writing concerning the patentability of the invention. Such observations shall be communicated
to the applicant who may comment on them.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
16. I. If the application meets the legal requirements, the Intellectual Property Office shall grant the
patent.

SOUTHWESTERN UNIVERSITY PHINMA


BUSINESS SCHOOL
MULTIPLE CHOICE QUESTIONS - INTELLECTUAL PROPERTY LAW

II. A patent shall take effect on the date of the publication of the grant of the patent in the IPO
Gazette.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
17. I. The term of a patent shall be 17 years from the filing date of the application.
II. To maintain the patent application or patent, an annual fee shall be paid upon the expiration
of 4 years from the date the application was published.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
18. Any interested person may petition to cancel the patent or any claim thereof, or parts of the
claim, on the following ground/s:
a. That what is claimed as the invention is not new or patentable.
b. That the patent does not disclose the invention in a manner sufficiently clear and complete
for it to be carried out by any person skilled in the art.
c. That the patent is contrary to public order or morality.
d. All of the above.
19. If a person, who was deprived of the patent without his consent or through fraud is declared by
the final court order or decision to be the true and actual inventor, the court shall order:
I. For his substitution as patentee.
II. At the option of the true inventor, cancel the patent, and award actual and other damages in
his favor if warranted by the circumstances.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
20. A patent shall confer on its owner the following exclusive rights:
I. Where the subject matter of a patent is a product: to restrain, prohibit and prevent any
unauthorized person or entity from making, using, offering for sale, selling, or importing that
product.
II. Where the subject matter of a patent is a process to restrain, prohibit and prevent any
unauthorized person or entity from using the process, and from manufacturing, dealing in,
using, selling or offering for sale, or importing any product obtained directly or indirectly from
such process.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.

SOUTHWESTERN UNIVERSITY PHINMA


BUSINESS SCHOOL
MULTIPLE CHOICE QUESTIONS - INTELLECTUAL PROPERTY LAW

21. I. Patent owners shall also have the right to assign, or transfer by succession the patent, and to
conclude licensing contracts for the same.
II. Any prior, who, in good faith was using the invention or has undertaken serious preparations
to use the invention in his enterprise or business, before the filing date or priority date of the
application on which a patent is granted, shall have the right to continue the use thereof as
envisaged i such preparations within the territory where the patent produces its effect.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
22. A government agency or third person authorized by the government may exploit even without
agreement of the patent owner where:
I. The public interest, in particular, national security, nutrition, health or the development of
other sectors, as determined by the appropriate agency of the government, so requires.
II. A judicial or administrative body has determined that the manner of exploitation, by the
owner of the patent or his licensee, is anti-competitive.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
23. The making, using, offering for sale, selling, or importing a patented product or a product
obtained directly or indirectly from a patented process, or the use of a patented process without
the authorization of the patentee constitutes:
a. Patent infringement
b. Trademark infringement
c. Copyright infringement
d. Double sale
24. I. any patentee, or anyone possessing any right, title or interest in and to the patented
invention, whose rights have been infringed, may bring a civil action before a court of
competent jurisdiction, to recover from the infringer such damages sustained thereby, plus
attorney’s fees and other expenses of litigation, and to secure an injunction for the protection of
his rights.
II. Anyone who actively induces the infringement of a patent or provides the infringer with a
component of a patented product or of a product produced because of a patented process
knowing it to be especially adopted for infringing the patented invention and not suitable for
substantial non-infringing use shall be liable as a contributory infringer and shall be jointly liable
with infringer.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.

SOUTHWESTERN UNIVERSITY PHINMA


BUSINESS SCHOOL
MULTIPLE CHOICE QUESTIONS - INTELLECTUAL PROPERTY LAW

25. I. If the subject matter of a patent is a process for obtaining a product, any identical product
shall be presumed to have been obtained through the use of the patented process if the process
if the product is new or there is substantial likelihood that the identical product was made by
the process and the owner of the patent has been unable despite reasonable efforts, to
determine the process actually used.
II. Damages cannot be recovered for acts of infringement committed before the infringer had
known; or had reasonable grounds to know of the patent.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
26. I. In an action for infringement, the defendant, in addition to other defenses available to him,
may show the invalidity of the patent, or any claim thereof.
II. In an action for infringement, if the court shall find the patent or any claim to be invalid, it
shall cancel the same.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
27. The following are excluded from patent protection, except:
a. Aesthetic creations
b. Anything which is contrary to public order or morality
c. Schemes, rules and methods of performing mental acts, playing games or doing business, and
programs for computers.
d. None of the above.
28. Which of the following is the purpose of patent?
a. The patent law seeks to foster and reward invention.
b. It promotes disclosures of inventions to stimulate further innovation and to permit the public
to practice the invention once the patent expires.
c. The stringent requirements for patent protection seek to ensure that ideas in the public
domain remain there for the free use of the public thereof.
d. All of the above.
29. I. The term of a patent is twenty (20) years counted from the filing date of application.
II. Upon the expiration of that period, the knowledge of the invention inures to the people, who
are thus enabled to practice it and profit from its use.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
30. It refers to any technical solution of a problem in any field of human activity which is new,
involves an inventive step, and is industrially applicable.

SOUTHWESTERN UNIVERSITY PHINMA


BUSINESS SCHOOL
MULTIPLE CHOICE QUESTIONS - INTELLECTUAL PROPERTY LAW

a. Patentable Invention
b. Patent Purpose
c. Patentability
d. All of the above.
31. The following are the requisites of patentability, except:
a. Technical solution
b. Inventive step
c. Novelty
d. None of the above
32. He is a person presumed to be an ordinary practitioner aware of what was common general
knowledge in the art, at the relevant date.
a. Inventor
b. Infringer
c. Painter
d. Person skilled in the art
33. It grants the patent rights of an invention to the person who first files a patent application for
that invention, whether or not he is the inventor.
a. First-to-Invent Rule
b. First-to-File Rule
c. First-to-Pay Rule
d. First-of-First Rule
34. The patent application shall be in __________ or __________.
a. Filipino;English
b. English;Filipino
c. Bisaya;English
d. None of the above.
35. The following shall appear in the patent application, except:
a. Request for the grant of the patent
b. Description of the invention
c. Abstract
d. None of the above
36. The application shall contain _________ or more claims which shall define the matter for which
protection is sought.
a. One
b. Two
c. Three
d. Four
37. Shall consist of a concise summary of the disclosure of the invention as contained in the
description, claims, and drawings in preferably not more than one hundred fifty (150) words.
a. Request for the grant of the patent
b. Description of the invention

SOUTHWESTERN UNIVERSITY PHINMA


BUSINESS SCHOOL
MULTIPLE CHOICE QUESTIONS - INTELLECTUAL PROPERTY LAW

c. Abstract
d. None of the above
38. To maintain the patent application or patent, an annual fee shall be paid upon the expiration of
______ year/s from the date the application was published.
a. One
b. Two
c. Three
d. Four
39. Which of the following is the ground for cancellation of patent?
a. That what is claimed as the invention is not new or patentable.
b. That the patent does not disclose the invention in a manner sufficiently clear and complete
for it to be carried out by any person skilled in the art.
c. That the patent is contrary to public order or morality.
d. All of the above.
40. Non-payment of annual fees:
I. The patent application shall be deemed withdrawn.
II. The patent shall be considered as lapsed from the day following the expiration of the period
within which the annual fees were due.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
41. Rights conferred by patent:
I. To restrain, prohibit and prevent.
II. To assign or transfer by succession the patent.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
42. Rights conferred by patent:
I. Conclude licensing contracts
II. To assign or transfer by succession the patent.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
43. Rights conferred by patent:
I. To restrain, prohibit and prevent.
II. Conclude licensing contracts.
a. Only I is true.
b. Only II is true.

SOUTHWESTERN UNIVERSITY PHINMA


BUSINESS SCHOOL
MULTIPLE CHOICE QUESTIONS - INTELLECTUAL PROPERTY LAW

c. Both are true.


d. Both are false.
44. The following are the rights conferred by patent, except:
a. To restrain, prohibit and prevent.
b. Conclude licensing contracts.
c. To assign or transfer by succession the patent.
d. None of the above.
45. I. The public interest, in particular, national security, nutrition, health or the development of
other sectors, as determined by the appropriate agency of the government, so requires.
II. A judicial or administrative body has determined that the manner of exploitation, by the
owner of the patent or his licensee, is anti-competitive.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
46. I. In the case of drugs and medicines, there is a national emergency or other circumstances of
extreme urgency requiring the use of the invention.
II. In the case of drugs and medicines, there is public non-commercial use of the patient by the
patentee, without satisfactory reason.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
47. I. In the case of drugs and medicines, there is a national emergency or other circumstances of
extreme urgency requiring the use of the invention.
II. A judicial or administrative body has determined that the manner of exploitation, by the
owner of the patent or his licensee, is anti-competitive.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
48. I. In the case of drugs and medicines, there is public non-commercial use of the patient by the
patentee, without satisfactory reason.
II. The public interest, in particular, national security, nutrition, health or the development of
other sectors, as determined by the appropriate agency of the government, so requires.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
49. I. The public interest, in particular, national security, nutrition, health or the development of
other sectors, as determined by the appropriate agency of the government, so requires.

SOUTHWESTERN UNIVERSITY PHINMA


BUSINESS SCHOOL
MULTIPLE CHOICE QUESTIONS - INTELLECTUAL PROPERTY LAW

II. In the case of drugs and medicines, the demand for the patented article in the Philippines is
not being met to an adequate extent and on reasonable terms, as determined by the Secretary
of Department of Health.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
50. In the case of drugs and medicines, there is a national emergency or other circumstances of
extreme urgency requiring the use of the invention.
II. In the case of drugs and medicines, the demand for the patented article in the Philippines is
not being met to an adequate extent and on reasonable terms, as determined by the Secretary
of Department of Health.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
51. I. In the case of drugs and medicines, the demand for the patented article in the Philippines is
not being met to an adequate extent and on reasonable terms, as determined by the Secretary
of Department of Health.
II. In the case of drugs and medicines, there is public non-commercial use of the patient by the
patentee, without satisfactory reason.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
52. I. In the case of drugs and medicines, the demand for the patented article in the Philippines is
not being met to an adequate extent and on reasonable terms, as determined by the Secretary
of Department of Health.
II. The public interest, in particular, national security, nutrition, health or the development of
other sectors, as determined by the appropriate agency of the government, so requires.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
53. I. In the case of drugs and medicines, the demand for the patented article in the Philippines is
not being met to an adequate extent and on reasonable terms, as determined by the Secretary
of Department of Health.
II. A judicial or administrative body has determined that the manner of exploitation, by the
owner of the patent or his licensee, is anti-competitive.
a. Only I is true.
b. Only II is true.

SOUTHWESTERN UNIVERSITY PHINMA


BUSINESS SCHOOL
MULTIPLE CHOICE QUESTIONS - INTELLECTUAL PROPERTY LAW

c. Both are true.


d. Both are false.
54. I. Action for damages plus attorney’s fees and other expense of litigation and to secure an
injunction.
II. Disposal or Destruction.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
55. I. Criminal action for repetition of infringement.
II. Action for damages plus attorney’s fees and other expense of litigation and to secure an
injunction.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
56. I. Disposal or destruction.
II. Criminal action for repetition of infringement.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
57. Which are the remedies for patent infringement?
a. . Action for damages plus attorney’s fees and other expense of litigation and to secure an
injunction.
b. Disposal or Destruction.
c. Criminal action for repetition of infringement.
d. All of the above.
58. I. Invalidity of the patent or any claim thereof.
II. Any of the ground on which a petition of cancellation can be brought.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
59. Which of following are the defenses in action for infringement?
a. . Invalidity of the patent or any claim thereof.
b. Any of the ground on which a petition of cancellation can be brought.
c. None of the above.
d. All of the above.
60. To permit the imitation of a patented invention which does not copy any literal detail would be
to convert the protection of the patent grant into a hollow and useless thing.

SOUTHWESTERN UNIVERSITY PHINMA


BUSINESS SCHOOL
MULTIPLE CHOICE QUESTIONS - INTELLECTUAL PROPERTY LAW

a. Doctrine of Equilibrium Test


b. Doctrine of Equality Test
c. Doctrine of Equivalents Test
d. None of the above.
61. A contributory infringer shall be ________ and ________ liable with the infringer.
a. Joint
b. Solidary
c. Joint and severally
d. Letter a
62. The abstract of the application for patent shall contain how many words?
a. One hundred fifty
b. More than one hundred fifty.
c. Not more than one hundred fifty
d. All of the above.
63. The application shall relate to one invention only or to a group of inventions forming a single
general inventive step.
a. General Inventive
b. Inventive Step.
c. Unity of Invention
d. None of the above.
64. The patent application shall contain:
I. One or more claims
II. Abstract.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
65. The patent application shall contain:
I. Request for the grant of patent.
II. Drawings necessary for the understanding of the invention
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
66. The patent application shall contain:
I. One or more claims
II. Description of the invention
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.

SOUTHWESTERN UNIVERSITY PHINMA


BUSINESS SCHOOL
MULTIPLE CHOICE QUESTIONS - INTELLECTUAL PROPERTY LAW

67. The patent application shall contain:


I. Abstract.
II. Drawing necessary for the understanding of the invention.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
68. The patent application shall contain:
I. Abstract.
II. Drawing necessary for the understanding of the invention.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
69. The patent application shall contain:
I. Request for the grant of a patent
II. Drawing necessary for the understanding of the invention.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
70. The patent application shall contain:
I. One or more claims
II. Description of the invention.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
71. I. Any technical solution of a problem in any field of human activity which is a new, involves an
inventive step and is industrially applicable shall be patentable.
II. Patentable invention may be, or may relate to, a product, or process, or an improvement of
any of the foregoing.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
72. It is a statutory monopoly which protects against unlicensed used of the device or process even
by the one who discovered it through independent research.
a. Trademark
b. Copyright
c. Patent

SOUTHWESTERN UNIVERSITY PHINMA


BUSINESS SCHOOL
MULTIPLE CHOICE QUESTIONS - INTELLECTUAL PROPERTY LAW

d. All of the above.


73. How long is the term of the patent?
a. 10 years
b. 20 years
c. 25 years
d. 30 years
74. I. An invention shall not be considered new if it forms part of a prior art.
II. An invention involves an inventive step if, having regard to prior art, it is not obvious to a
person skilled in the art at the time of the filing date or priority date of the application claiming
the invention.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
75. Prior act shall consist of:
I. Everything which has been made available to the public anywhere in the world, before
the filing date or the priority date of the application claiming the invention.
II. The whole contents of an application for a patent, published, filed or effective in the
Philippines, with a filing or priority date that is earlier than the filing or priority date of
the application.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
76. Means any person who, at the filing date of application, had the right to the patent.
a. Inventor
b. Infringer
c. Trader
d. Proprietor
77. I. An invention that can be produced and used in any industry shall be industrially applicable.

II. An invention involves an inventive step if, having regard to prior art, it is not obvious to a
person skilled in the art at the time of the filing date or priority date of the application claiming
the invention.

a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
78. I. The right to a patent belongs to the inventor only.

SOUTHWESTERN UNIVERSITY PHINMA


BUSINESS SCHOOL
MULTIPLE CHOICE QUESTIONS - INTELLECTUAL PROPERTY LAW

II. When two or more persons have jointly made an invention, the right to a patent shall belong
to them jointly.

a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
79. The right to a patent belongs to:
a. Inventor
b. His heirs
c. His assigns
d. All of the above.
80. I. If two or more persons have made the invention separately and independently of each other,
the right to the patent shall belong to the person who filed an applications for such invention.

II. Where two or more applications are filed for the same invention, the right to patent belongs
to the applicant who has the earliest filing date or, the earliest priority date.

a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
81. I. The person who commissions the work shall own the patent, unless otherwise provided in the
contract.

II. An application for the patent filed by any person who has previously applied for the same
invention in another country which by treaty, convention, or law affords similar privileges to
Filipino citizens, shall be considered as filed as of the date of filing the foreign application.

a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
82. In case the employee made the invention in the course of his employment contract, the patent
shall belong to:
I. The employee, if the inventive activity is part of his regular duties even if the employee
uses the time, facilities and materials of the employer.
II. The employer, if the invention is the result of the performance of his regularly-assigned
duties, unless there is an agreement, express or implied, to the contrary.
a. Only I is true.
b. Only II is true.
c. Both are true.

SOUTHWESTERN UNIVERSITY PHINMA


BUSINESS SCHOOL
MULTIPLE CHOICE QUESTIONS - INTELLECTUAL PROPERTY LAW

d. Both are false.


83. I. No patent may be granted unless the application identities the inventor.
II. An applicant who is not a resident of the Philippines must appoint and maintain a resident
agent or representative in the Philippines.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
84. I. The application shall relate to one invention only or to a group of inventions forming a single
general inventive concept.
II. The fact that a patent has been granted on an application that did not comply with the
requirement of unity of invention shall be ground to cancel the patent.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
85. I. After publication of a patent application, any interested party may inspect the application
documents filed with the Intellectual Property Office.
II. Following the publication of the patent application, any person may present observations in
writing concerning the patentability of the invention. Such observations shall be communicated
to the applicant who may comment on them.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
86. I. If the application meets the legal requirements, the Intellectual Property Office shall grant the
patent.
II. A patent shall take effect on the date of the publication of the grant of the patent in the IPO
Gazette.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
87. I. The term of a patent shall be 17 years from the filing date of the application.
II. To maintain the patent application or patent, an annual fee shall be paid upon the expiration
of 4 years from the date the application was published.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.

SOUTHWESTERN UNIVERSITY PHINMA


BUSINESS SCHOOL
MULTIPLE CHOICE QUESTIONS - INTELLECTUAL PROPERTY LAW

88. Any interested person may petition to cancel the patent or any claim thereof, or parts of the
claim, on the following ground/s:
a. That what is claimed as the invention is not new or patentable.
b. That the patent does not disclose the invention in a manner sufficiently clear and complete
for it to be carried out by any person skilled in the art.
c. That the patent is contrary to public order or morality.
d. All of the above.
89. If a person, who was deprived of the patent without his consent or through fraud is declared by
the final court order or decision to be the true and actual inventor, the court shall order:
I. For his substitution as patentee.
II. At the option of the true inventor, cancel the patent, and award actual and other damages in
his favor if warranted by the circumstances.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
90. A patent shall confer on its owner the following exclusive rights:
I. Where the subject matter of a patent is a product: to restrain, prohibit and prevent any
unauthorized person or entity from making, using, offering for sale, selling, or importing that
product.
II. Where the subject matter of a patent is a process to restrain, prohibit and prevent any
unauthorized person or entity from using the process, and from manufacturing, dealing in,
using, selling or offering for sale, or importing any product obtained directly or indirectly from
such process.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
91. I. Patent owners shall also have the right to assign, or transfer by succession the patent, and to
conclude licensing contracts for the same.
II. Any prior, who, in good faith was using the invention or has undertaken serious preparations
to use the invention in his enterprise or business, before the filing date or priority date of the
application on which a patent is granted, shall have the right to continue the use thereof as
envisaged i such preparations within the territory where the patent produces its effect.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
92. A government agency or third person authorized by the government may exploit even without
agreement of the patent owner where:

SOUTHWESTERN UNIVERSITY PHINMA


BUSINESS SCHOOL
MULTIPLE CHOICE QUESTIONS - INTELLECTUAL PROPERTY LAW

I. The public interest, in particular, national security, nutrition, health or the development of
other sectors, as determined by the appropriate agency of the government, so requires.
II. A judicial or administrative body has determined that the manner of exploitation, by the
owner of the patent or his licensee, is anti-competitive.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
93. The making, using, offering for sale, selling, or importing a patented product or a product
obtained directly or indirectly from a patented process, or the use of a patented process without
the authorization of the patentee constitutes:
a. Patent infringement
b. Trademark infringement
c. Copyright infringement
d. Double sale
94. I. any patentee, or anyone possessing any right, title or interest in and to the patented
invention, whose rights have been infringed, may bring a civil action before a court of
competent jurisdiction, to recover from the infringer such damages sustained thereby, plus
attorney’s fees and other expenses of litigation, and to secure an injunction for the protection of
his rights.
II. Anyone who actively induces the infringement of a patent or provides the infringer with a
component of a patented product or of a product produced because of a patented process
knowing it to be especially adopted for infringing the patented invention and not suitable for
substantial non-infringing use shall be liable as a contributory infringer and shall be jointly liable
with infringer.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
95. I. If the subject matter of a patent is a process for obtaining a product, any identical product
shall be presumed to have been obtained through the use of the patented process if the process
if the product is new or there is substantial likelihood that the identical product was made by
the process and the owner of the patent has been unable despite reasonable efforts, to
determine the process actually used.
II. Damages cannot be recovered for acts of infringement committed before the infringer had
known; or had reasonable grounds to know of the patent.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.

SOUTHWESTERN UNIVERSITY PHINMA


BUSINESS SCHOOL
MULTIPLE CHOICE QUESTIONS - INTELLECTUAL PROPERTY LAW

96. I. In an action for infringement, the defendant, in addition to other defenses available to him,
may show the invalidity of the patent, or any claim thereof.
II. In an action for infringement, if the court shall find the patent or any claim to be invalid, it
shall cancel the same.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
97. The following are excluded from patent protection, except:
a. Aesthetic creations
b. Anything which is contrary to public order or morality
c. Schemes, rules and methods of performing mental acts, playing games or doing business, and
programs for computers.
d. None of the above.
98. Which of the following is the purpose of patent?
a. The patent law seeks to foster and reward invention.
b. It promotes disclosures of inventions to stimulate further innovation and to permit the public
to practice the invention once the patent expires.
c. The stringent requirements for patent protection seek to ensure that ideas in the public
domain remain there for the free use of the public thereof.
d. All of the above.
99. I. The term of a patent is twenty (20) years counted from the filing date of application.
II. Upon the expiration of that period, the knowledge of the invention inures to the people, who
are thus enabled to practice it and profit from its use.
a. Only I is true.
b. Only II is true.
c. Both are true.
d. Both are false.
100. It refers to any technical solution of a problem in any field of human activity which is
new, involves an inventive step, and is industrially applicable.
a. Patentable Invention
b. Patent Purpose
c. Patentability
d. All of the above.

SOUTHWESTERN UNIVERSITY PHINMA


BUSINESS SCHOOL

Вам также может понравиться