The following are considered non-patentable inventions, except:

A. Schemes, rules and methods of performing mental acts and playing games;
B. Mathematical methods;
C. Scientific theories;
D. Medical drug formulation.

 
2. The right to the patent belongs to the following except:
A. Inventor’s executor/administrator;
B. Inventor;
C. Inventor’s heir;
D. Assignee.
 

3. Statement 1: The person who commissions the work shall own the patent, unless
otherwise provided in the contract.

Statement 2: In case of invention made in the course of employment, the patent shall
belong to the employee if he used the time and facilities of the employer.

A. True; True;
B. False; True;
C. False; False;
D. True; False.

 
4. The patent application shall be published after the expiration of:
A. 18 months;
B. 12 months;
C. 24 months;

D. 36 months.

 
5. If the required fees for grant and printing are not paid in due time, the application shall
be deemed:
A. Withdrawn;
B. Deferred;
C. Extended;
D. Filed
 
6. In patent infringement, the burden of proof belongs to the:

1. Plaintiff;
2. Defendant;
3. Court;
4. Prosecutor

 
7. Liability arising from patent infringement shall prescribe in:
A. 3 years;
B. 5 years;
C. 2 years;
D. 10 years.
 
8. Apart from its commercial utility, the benchmark of trademark registrability is:
A. Distinctiveness;
B. Usefulness;

C. Public benefit;
D. All of the above.

 
9. For trademark protection, declaration of actual use should be filed within 1 year:
A. From date of filing of the registration application;
B. From 5th year of registration;
C. From date of publication of registration application;

D. From 5th year of publication of registration application.

 
10. Unauthorized use of a registered trademark, or of a colorable imitation of the same, for
similar or related goods in which such use is likely to cause confusion or mistake, or to
deceive.
A. Trademark infringement;
B. Unfair competition;
C. Unfair imitation;
D. Patent infringement.
 
 
PART 2
In 2-3 sentences, answer with reasons the following independent problems:
 

1. A distinctive-tasting pastillas is well-known throughout the country as having been

developed within a close-knit women’s group in Barangay San Ysmael which is located
along a very busy national highway. lts popularity has encouraged the setting up of
several shops selling similar delicacies, with the most famous product being the
pastillas of "Barangay San Ysmael." Eventually, the pastillas of Aling Yoling under the
brand name "Ysmaellas" began to attract national distinction . Aling Yoling therefore
registered it as a copyright with the National Library. Her neighbor, Aling Yasmin,
realizing the commercial value of the brand, started using the term "Ysmaellas" for her
pastillas but used different colors. Aling Yasmin registered the brand name "Ysmaellas"
with the Intellectual Property Office (IPO). Can "Ysmaellas“ be the subject of trademark
or copyright registration? Explain.

 Answer: The brand name " Ysmaellas " is subject to trademark, not a copyright subject.
They are not interchangeable; a copyright on a trade name or mark does not grant her
the exclusive right to use it because it is not a proper subject of said intellectual
property. The registration of a copyright is merely a proof of recording, not a condition
precedent for the copyright to exist and for a copyright infringement suit, but the
registration of a trademark is a must for any trademark infringement suit.

2. Professor MX3 lectures before CPA reviewees of WWE Review Center on the field of
Corporation Law. In the course of his lectures, Prof. MX3 gives to the reviewees hand-
outs on the contents of his lectures. The handouts contain the warning that they are for
the exclusive use of WWE bar reviewees and should not be disseminated without Prof.
 MX3’s express written consent. No copies of his handouts have been registered and
deposited with the National Library and the Supreme Court library. One of the WWE
reviewees, Vin Gizi, uploads without Prof. MX3’s consent his handouts to the website,
www.cheat.com, where they can be viewed and downloaded by anyone who visits the
website.  Is Vin Gizi liable for copyright infringement? Explain. 

Answer: Yes, Vin Gizi liable for copyright infringement because, he upload the
handouts without the consent of Prof. MX3 from his work. Even if the handouts is not
register from the day that the handouts created people need to ask for permission to
rightful owner to have a copy of the said work. Specially it is stated warning warning
that they are for the exclusive use of WWE bar reviewees and should not be
disseminated without Prof. MX3’s express written consent. With that, whoever copy the
handouts without a consent or permission is liable for copyright.

3. Is Dengvaxia patentable? Explain.

Answer: Yes dengvaxia is patentable is other countries because the invention of it help
the society. However, from what we know about dengvaxia, it killed a lot of people back
then. That is why it is banned here in our country, with that is not patentable here in the
country. The study used patent data to examine dengue vaccines from a historical and
longitudinal perspective, evaluating the geographic and time coverage of innovations,
the primary patent holders, the network of vaccine research and development (R & D)
cooperation and partnership, the flow of knowledge, and the technological domain
involved.