Reference no: EM133263055

Questions

1. In 2010, N invented the technology of bamboo lamp and was using it already for 3 years. In 2014, O invented the same technology of bamboo lamp. Unlike N, O made an application for registration with IPO. Who has a better right over the patent of the bamboo lamp technology?

A. N

B. O

C. Both N and O

D. None of them

2. If two or more persons have made an invention separately and independently of each other, who shall own the right to the patent where two or more applications for registration are filed for the same invention?

A. The applicant who has the earliest filing date or, the earliest priority date

B. The applicant who has the latest filing date or, the latest priority date

C. The first person who invented the technology

D. The first person who presented the technology to a convention

3. In 2020, FI invented the technology of soft touch which he registered in the IPO of USA. Three months later, SI also invented the same technology of soft touch which he registered in the IPO of Manila. A certified copy of FI's application in USA was filed two months later before the IPO of Manila. Who has better right over the patent of the soft touch in so far as the PH jurisdiction is concerned?

A. FI

B. SI

C. Both FI and SI

D. None of them

4. X filed her patent application before the Bureau of Patents of the IPO on July 1, 200A. Which of the following statements relative to X's patent application is true?

A. The application shall be published in the IPO Gazette on January 2, 200C or anytime thereafter

B. Assuming the application is published in the IPO Gazette on June 30, 200C, X shall file a written request for examination not later than June 30, 200D

5. Che Che invented a device that can transform rain into fuel. He asked Guevarra to help him register it. Guevarra suggested that they form a company and register the same. While the application is pending, Che Che died. Castro, the estranged husband of Che Che now comes contesting the application of the corporation and filed his own patent application as the sole surviving heir. Rule.

A. Castro has a right being the heir of Che Che. It also appears that the corporation is not authorized to file the application

B. Castro has a right provided it is proven in the estate proceedings of Che Che

C. Castro has no right since the right to the invention retroacts from its filing, hence, favors the corporation

D. Castro has no right since property rights to the invention already passed to the corporation

6. X invented a device which, through the use of noise, can recharge a cellphone battery. He applied for and was granted a patent on his device, effective within the Philippines. As it turns out, a year before the grant of X's patent, Y, also an inventor, invented a similar device which he used in his cellphone business in Manila. But X files an injunctive suit against Y to stop him from using the device on the ground of patent infringement. Will the suit prosper?

A. No, since the correct remedy for X is a civil action for damages.

B. No, since Y is a prior user in good faith.

C. Yes, since X is the first to register his device for patent registration.

D. Yes, since Y unwittingly used X's patented invention.

7. S1: "McDonald's" is a tradename; "Jollibee" is also a trade name.

S2: McDonald's Corporation and Jollibee Foods Corporation are legal names.

A. Both true

B. Both false

C. True, False

D. False, True

8. How is the right over a trademark, service mark or collective mark created or protected by law?

A. By its usage of owner

B. By its registration with IPO

C. By its publication in a newspaper of general circulation

D. By notarization of the mark

9. How is the right over a tradename created or protected by law?

A. By its usage of owner

B. By its registration with IPO

C. By its publication in a newspaper of general circulation

D. By its registration with DTI or SEC

10. Which of the following can be registered as a mark?

A. Consists of immoral, deceptive, or scandalous matter, or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute

B. Consists of the flag or coat of arms or other insignia of the Philippines or any of its political subdivisions, or of any foreign nation, or any simulation thereof

C. Consists of a name, portrait or signature identifying a particular living individual with his written consent

D. Is identical with a registered mark belonging to a different proprietor or a mark with an earlier filing or priority date

11. Which of the following marks may be registered before IPO for protection?

A. Marks consisting exclusively of signs that are generic for the goods or services that they seek to identify

B. Marks consisting of color only

C. Marks consisting of shapes only

D. Marks consisting of combination of color, shapes, and drawing

12. Any visual sign can be registered as a trademark in the Philippines,

A. word marks, figurative marks

B. slogans, composite marks

C. color marks, three-dimensional marks, collective marks

D. position marks, hologram marks, motion marks

E. sound marks, touch marks, taste marks