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IPOPHL Patent Agent study materials
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IPOPHL Patent Agent practice questions

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Question 1Patent

Under the IPOPHL rules implementing the IP Code, which document must a foreign applicant without residence or business in the Philippines generally execute to authorize a local agent to act before the Bureau?

  1. A verified petition for cancellation
  2. A power of attorney signed by the applicant Correct answer.
  3. A deed of assignment of the invention
  4. A certificate of nationality of the inventor

Explanation

A foreign applicant not residing or doing business in the Philippines must appoint and authorize a resident representative through a power of attorney so that notices and actions before the Bureau reach a local person. The instrument is a routine documentary requirement at filing or shortly after, not a contentious pleading.

Question 2Patent

Which right does a Philippine patent confer on its owner under the IP Code?

  1. The right to prevent others from making, using, offering for sale, selling, or importing the patented product without authorization Correct answer.
  2. The right to prevent others from independently discovering the same invention for non-commercial research
  3. The right to demand that the Bureau refuse all later applications in the same technical field
  4. The right to block publication of the patent document in the official gazette

Explanation

A patent grants an exclusive right to exclude others from making, using, offering for sale, selling, or importing the patented product, or from using the patented process, without the owner's authorization. The exclusion is limited in time and territory and is subject to exceptions such as prior use and government use.

Question 3Patent

An applicant files a Philippine application for an invention. Which subject matter is expressly excluded from patent protection under the IP Code?

  1. A machine for sorting agricultural produce
  2. A chemical compound with a demonstrated industrial use
  3. A new industrial process for refining sugar
  4. A method of treating a human disease by surgery Correct answer.

Explanation

Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body are expressly excluded from patentability. Processes and products of an industrial character, including machines and chemical compounds, remain eligible subject matter.

Question 4Patent

Which substantive requirement asks whether a claimed invention can be made or used in any kind of industry?

  1. Unity of invention
  2. Novelty
  3. Industrial applicability Correct answer.
  4. Inventive step

Explanation

Industrial applicability requires that the invention can be produced or used in any kind of industry, including agriculture. Novelty concerns prior art, inventive step concerns non-obviousness, and unity concerns the scope of a single application.

Question 5Patent

How long does a Philippine patent for an invention last, counted from the filing date of the application?

  1. Twenty years, subject to payment of maintenance fees Correct answer.
  2. Fifteen years, non-renewable
  3. Twenty-five years, renewable once
  4. Ten years, renewable for another ten

Explanation

The term of an invention patent is twenty years from the filing date, and the registration lapses if the prescribed annual fees are not paid. Utility models and industrial designs have shorter terms, so the twenty-year figure is specific to invention patents.

Question 6Patent

Within what period from the filing date must an invention application be published under the IPOPHL rules, unless the applicant requests earlier publication?

  1. Eighteen months from the filing date Correct answer.
  2. Immediately upon receipt of the application
  3. Only after the patent is granted
  4. Three years from the filing date

Explanation

Invention applications are published promptly after the expiration of eighteen months from the filing date, although earlier publication may be requested. Publication opens the application to third-party observation before substantive examination.

Question 7Patent

An applicant files a Philippine invention application on 10 March 2023, claiming priority from a Japanese application filed 15 March 2022. Which statement correctly applies the Paris Convention priority rule?

  1. The priority claim fails because priority must be claimed within six months for all inventions
  2. The priority claim fails because the Philippine filing occurred in a later calendar year
  3. The priority claim is valid only if the Japanese application has already been granted
  4. The priority claim is valid because the Philippine filing is within twelve months of the Japanese filing date Correct answer.

Explanation

The Paris Convention gives a twelve-month priority period for invention applications, counted from the earliest foreign filing date. Because 10 March 2023 falls within twelve months of 15 March 2022, the priority claim is timely, and the foreign filing date becomes the effective date for prior art purposes.

Question 8Patent

An inventor discloses the invention in a technical journal on 1 June 2023 and files a Philippine application on 1 November 2023. Which statement best describes the effect of that disclosure on novelty?

  1. The disclosure cures novelty automatically because the inventor is the same person who files
  2. The disclosure is irrelevant because only Philippine publications count as prior art
  3. The disclosure destroys novelty because any prior publication is absolute prior art
  4. The disclosure is a grace-period disclosure if it was made by the inventor or by another with the inventor's consent and falls within the allowed period before filing Correct answer.

Explanation

The IP Code recognizes a grace period for disclosures made by the inventor, or by another with the inventor's consent, within the prescribed period before the filing date. A publication by the inventor within that window therefore does not bar the application, provided the conditions are met.

Question 9Patent

A single Philippine application claims an independent product claim, an independent process claim for making that product, and an independent apparatus claim for carrying out the process. How should unity of invention be assessed?

  1. Unity may be present because the claims share a single general inventive concept, as in a product, a process for making it, and an apparatus for carrying it out Correct answer.
  2. Unity is assessed only after grant and cannot be raised during examination
  3. Unity is automatic whenever all claims are filed on the same day
  4. Unity is lacking because each independent claim must be filed in a separate application

Explanation

Unity of invention exists when the claims are linked by a single general inventive concept. The recognized combinations include a product and a process specially adapted for making it, and a process and an apparatus specially adapted for carrying it out, so the three claims may properly share one application.

Question 10Patent

During substantive examination, the examiner finds that the claimed invention differs from the closest prior art only in an obvious manner. Which ground for refusal is most directly implicated?

  1. Defective specification
  2. Lack of industrial applicability
  3. Lack of novelty
  4. Lack of inventive step Correct answer.

Explanation

Inventive step is the requirement that the invention not be obvious to a person having ordinary skill in the art in view of the prior art. A difference that is merely an obvious variation of the closest prior art therefore supports a refusal for lack of inventive step rather than novelty.

Question 11Patent

What is the effect of the publication of a Philippine invention application before grant on the rights of the applicant against an infringer?

  1. The applicant has no rights until the patent is granted, and acts before grant can never be compensated
  2. The applicant may seize the infringing goods without any court proceeding
  3. The applicant has full infringement remedies from the filing date
  4. The applicant may recover reasonable royalties for acts done after publication and before grant if the infringer had notice of the published application Correct answer.

Explanation

Provisional protection arises from publication: the applicant may claim reasonable royalties for pre-grant acts, but only where the infringer had notice of the published application. Full infringement remedies attach once the patent is granted.

Question 12Patent

An applicant fails to request substantive examination within the prescribed period after publication. What is the consequence under the IPOPHL rules?

  1. The application is kept pending indefinitely until the applicant acts
  2. The application is deemed withdrawn Correct answer.
  3. The application is converted into a utility model registration
  4. The application is automatically granted without examination

Explanation

Substantive examination must be requested within the prescribed period, and failure to do so results in the application being deemed withdrawn. The applicant may then seek revival only through the available remedies and upon payment of the required fees.

Question 13Patent

A third party wishes to oppose the grant of a Philippine invention patent after the application is published. Which mechanism does the IP Code provide at that stage?

  1. A petition for cancellation filed with the regular courts
  2. An intervention in the examination with the right to cross-examine the examiner
  3. A written observation submitted to the Bureau, which is entered in the file but does not make the observer a party Correct answer.
  4. A full opposition proceeding before the Bureau of Legal Affairs

Explanation

For invention applications, third parties may submit written observations on novelty or patentability after publication, and these are entered in the application file. The observer is not made a party to the proceedings, and a full contested action arises only after grant through cancellation.

Question 14Patent

After a Philippine patent is granted, a competitor believes the patent is invalid because the claimed subject matter was already disclosed in a foreign publication before the filing date. What is the proper remedy and forum?

  1. File a criminal complaint for infringement in the regional trial court
  2. File a notice of opposition with the Bureau of Trademarks
  3. Request the examiner to reopen the examination ex parte
  4. File a petition for cancellation before the Bureau of Legal Affairs on the ground that the patent does not comply with the patentability requirements Correct answer.

Explanation

After grant, invalidity is raised through a petition for cancellation before the Bureau of Legal Affairs, which may cancel the patent on grounds such as lack of novelty or non-compliance with the patentability requirements. Infringement actions and pre-grant observations serve different purposes.

Question 15Patent

Which act by a third party would constitute patent infringement without the owner's authorization?

  1. Using the patented invention on a foreign vessel temporarily in Philippine waters in the vessel's ordinary operation
  2. Importing the patented product into the Philippines for sale Correct answer.
  3. Using the patented process in a private experiment with no commercial purpose
  4. Repairing a patented machine with a spare part that is itself not patented

Explanation

Importing a patented product into the country for sale is among the exclusive acts reserved to the patent owner, so doing so without authorization infringes. Experimental use, permissible repair, and the temporary presence of foreign vessels are recognized limitations on patent rights.

Question 16Patent

An inventor employed by a company develops an invention in the course of employment using the employer's resources. Absent a contrary agreement, who may apply for the patent?

  1. Only the employee, because inventorship is personal and non-transferable
  2. Only the employer, because the employment contract automatically assigns all inventions
  3. Either the employer or the employee, depending on the terms of the employment contract and the circumstances of the invention Correct answer.
  4. Neither party, because the invention belongs to the State

Explanation

The right to a patent belongs to the inventor, but where the invention is made in the course of employment, the right may belong to the employer or be governed by the employment contract. The parties' agreement and the circumstances therefore determine who may apply.

Question 17Patent

An applicant files a Philippine application containing a specification, claims, and drawings, but no abstract. What is the procedural consequence?

  1. The application is treated as a utility model application
  2. The applicant may be required to complete the application within the period set by the Bureau, failing which it is deemed withdrawn Correct answer.
  3. The application is refused outright with no opportunity to cure
  4. The application is automatically granted because the abstract is optional

Explanation

An application must contain the required elements, including an abstract, and the Bureau may require completion of a deficient application within a prescribed period. Failure to comply results in the application being deemed withdrawn rather than in automatic refusal or grant.

Question 18Patent

A Philippine utility model registration is sought for a device. Which statement correctly distinguishes it from an invention patent?

  1. A utility model can protect a process for manufacturing a chemical
  2. A utility model confers rights for twenty years from the filing date
  3. A utility model is granted without substantive examination of novelty and inventive step and has a shorter term Correct answer.
  4. A utility model must satisfy the same inventive step threshold as an invention patent

Explanation

Utility model registration does not undergo substantive examination for novelty and inventive step, and it carries a shorter term than an invention patent. Utility models are also limited to products, so a manufacturing process is not eligible subject matter.

Question 19Patent

An applicant claims priority from a foreign application but files the Philippine application thirteen months after the foreign filing date, asserting that the delay was unintentional. How should the priority claim be treated under the Paris Convention framework?

  1. The priority claim is valid because priority periods run from publication rather than filing
  2. The priority claim is valid because the applicant may choose any date within two years
  3. The priority claim is untimely because the twelve-month period is a strict maximum, subject only to any relief the applicable rules allow for the late filing of the subsequent application Correct answer.
  4. The priority claim is valid because the twelve-month period may be extended at the applicant's request

Explanation

The Paris Convention fixes twelve months for claiming priority from an invention application, and the subsequent application must be filed within that period to enjoy the earlier date. Late filing beyond the period defeats the priority claim, except to the extent that the applicable rules provide a specific relief mechanism.

Question 20Patent

A patent owner discovers that a competitor is selling an infringing product. The owner wants both to stop the sales immediately and to recover damages. Which combination of remedies is available under the IP Code?

  1. Injunction and damages, with the court also empowered to order disposal of the infringing goods Correct answer.
  2. Automatic seizure by the patent owner without any court order
  3. Administrative cancellation of the competitor's business permit only
  4. Criminal imprisonment only, with no civil damages

Explanation

Civil remedies for infringement include injunctions, damages, and orders for the disposal of infringing goods and materials, and the court may also award attorney's fees in appropriate cases. Criminal liability exists only for certain acts such as repeated infringement, so civil relief is the primary route.

Question 21Utility Model

Under the IPOPHL utility model rules, which statement best describes the term of a registered utility model?

  1. Twenty years from the international filing date, non-renewable
  2. Ten years from the filing date, subject to payment of annual fees
  3. Fifteen years from the grant date, renewable once
  4. Seven years from the filing date, without any possibility of renewal or extension Correct answer.

Explanation

A registered utility model in the Philippines is protected for seven years counted from the filing date. The law expressly provides that this term is not renewable and cannot be extended. Annual fees during the term must still be paid to keep the registration in force.

Question 22Utility Model

A utility model application is filed with IPOPHL. Which substantive requirement distinguishes it from an invention patent application?

  1. The claimed subject matter must be a process, and it must involve an inventive step
  2. The claimed subject matter must be a product, and it must involve an inventive step
  3. The claimed subject matter must be a product, and it must possess a high level of inventive step
  4. The claimed subject matter must be a product, and it must be new and industrially applicable Correct answer.

Explanation

Utility model protection is limited to products and does not extend to processes. The substantive test is novelty and industrial applicability, without the inventive-step threshold required for invention patents. This lower threshold is the core reason utility models suit incremental mechanical improvements.

Question 23Utility Model

Which of the following would be excluded from utility model protection at IPOPHL?

  1. A stackable plastic crate with reinforced corners
  2. A new mechanical coupling for agricultural machinery
  3. A hand-held gadget with a reconfigurable grip
  4. A method of fermenting vinegar using a novel temperature schedule Correct answer.

Explanation

Utility models protect products only, so a method or process such as a fermentation schedule falls outside the protected category. Physical articles, even simple ones, are the proper subject matter. The exclusion turns on the product-versus-process distinction, not on the complexity of the item.

Question 24Utility Model

An applicant files a utility model application on 3 March 2024. On what date does the seven-year protection term expire, assuming registration is granted and fees are paid?

  1. The grant date plus seven years
  2. 3 March 2031 only if the grant issued before 3 March 2025
  3. 3 March 2031 Correct answer.
  4. 3 March 2034

Explanation

The term of a utility model runs from the filing date, not from the date of grant. Adding seven years to 3 March 2024 yields 3 March 2031. Grant timing and fee payment affect whether the registration remains in force but do not shift the expiry date.

Question 25Utility Model

During substantive examination of a utility model application, which ground is NOT assessed against the claims?

  1. Inventive step Correct answer.
  2. Industrial applicability
  3. Whether the subject matter is a product
  4. Novelty over the prior art

Explanation

Utility model examination does not test inventive step, which is an invention patent requirement. The examiner instead checks novelty, industrial applicability, and whether the claims define a product. This is why the utility model threshold is described as lower than that for invention patents.

Question 26Utility Model

A utility model application contains a claim to a product and a dependent claim to a method of using that product. What is the appropriate examiner action?

  1. Reject the product claim and allow the method claim
  2. Convert the entire application into an invention patent application
  3. Require deletion of the method claim so that only product claims remain Correct answer.
  4. Allow both claims because the product claim anchors the application

Explanation

Because utility models cover products only, a method claim cannot be allowed in a utility model application. The examiner should require the applicant to remove the non-product claim. The product claim may then proceed on its own merits.

Question 27Utility Model

An applicant wishes to rely on an earlier foreign application as a priority basis for a Philippine utility model application. Which statement is correct?

  1. Priority may be claimed within six months of the earliest foreign filing
  2. Priority cannot be claimed for utility models because the right is a secondary form of protection
  3. Priority may be claimed within twelve months of the earliest foreign filing Correct answer.
  4. Priority is available only if the foreign application was also a utility model

Explanation

The Paris Convention priority period of twelve months applies to utility model applications as it does to invention patents. The applicant must claim priority within that window and comply with the documentary requirements. The type of the earlier foreign application does not restrict the right.

Question 28Utility Model

Which document is essential to establish the filing date of a utility model application at IPOPHL?

  1. A search report from a foreign patent office
  2. A declaration of inventorship signed by all inventors
  3. A description of the product and at least one claim Correct answer.
  4. A certified copy of the priority document

Explanation

The filing date is accorded once the application contains the elements the rules require, principally a description and at least one claim. Priority documents, inventorship declarations, and search reports may be required later but do not fix the filing date. Getting the filing date right matters because the seven-year term runs from it.

Question 29Utility Model

A registered utility model is found to be invalid because the claimed product lacked novelty over a prior public use. What is the consequence for the registration?

  1. The registration may be cancelled, but only prospectively from the cancellation decision
  2. The registration is automatically converted into an invention patent
  3. The registration may be cancelled, and the cancellation has effect from the grant Correct answer.
  4. The registration remains valid but the term is shortened by the period of prior use

Explanation

A utility model registration that fails a substantive requirement such as novelty may be cancelled. Cancellation removes the registration as though it had not been granted, so it operates from the grant date. The remedy is cancellation, not conversion or term adjustment.

Question 30Utility Model

Which statement about the inventive-step standard for utility models in the Philippines is accurate?

  1. The standard is the same as for invention patents but applied more leniently
  2. The standard is a lower threshold than inventive step, focused on practical utility
  3. Inventive step is not a requirement at all for utility models Correct answer.
  4. The standard requires a substantial advance over the closest prior art

Explanation

Philippine law does not require inventive step for utility models; the test is novelty and industrial applicability for a product. This omission, rather than a softened version of the inventive-step test, is what makes utility models easier to obtain. Applicants should therefore focus their arguments on novelty and utility.

Question 31Utility Model

A utility model application is filed without an abstract. How should the application be treated?

  1. The application proceeds because an abstract is never required
  2. The application is treated as an invention patent application instead
  3. The applicant is given an opportunity to submit the missing abstract to complete the application Correct answer.
  4. The application is refused outright and cannot be cured

Explanation

An abstract is a formal requirement, and the applicant is normally given notice to complete missing formal elements rather than losing the application. The filing date may still be secured if the description and claims were present. Outright refusal would be disproportionate for a curable defect.

Question 32Utility Model

Which of the following best explains why a manufacturer might choose a utility model over an invention patent for a small mechanical improvement?

  1. The utility model term is longer, giving more time to recoup development costs
  2. The utility model is granted faster and with a lower substantive threshold, suiting short product cycles Correct answer.
  3. The utility model grants broader infringement remedies than an invention patent
  4. The utility model protects both products and processes, giving wider coverage

Explanation

Utility models are attractive for incremental improvements because examination is simpler and protection is obtained more quickly. The absence of an inventive-step requirement lowers the bar to registration. The trade-off is a shorter seven-year term and product-only coverage.

Question 33Utility Model

An applicant files a utility model application on 10 January 2025 and later files an invention patent application on 10 July 2025 claiming the same product. Which principle governs the relationship between the two filings?

  1. The later application must be filed on the same day to preserve any right
  2. The later invention patent application may claim priority from the earlier utility model filing within twelve months Correct answer.
  3. The two applications are treated as a single filing with a combined term
  4. The earlier utility model filing automatically blocks the later application in all circumstances

Explanation

An earlier utility model filing can serve as a priority basis for a later invention patent application filed within twelve months. This lets the applicant pursue the longer invention patent term while preserving the earlier date. The two filings remain distinct applications with distinct terms.

Question 34Utility Model

Which fee obligation is essential to keep a registered utility model in force during its seven-year term?

  1. A renewal fee payable every three years
  2. A single maintenance fee payable only at the end of the term
  3. No fees are due after grant for utility models
  4. Annual fees payable as prescribed, with a grace period for late payment Correct answer.

Explanation

Annual fees must be paid during the term to maintain the registration, and the rules provide a grace period for late payment. Failure to pay can cause the registration to lapse. The fees are annual, not a single end-of-term charge or a triennial renewal.

Question 35Utility Model

Which statement about the scope of protection of a utility model registration is correct?

  1. Protection extends to any process for making the claimed product
  2. Protection covers the product and all obvious variants regardless of the claims
  3. Protection extends only to the exact embodiment shown in the drawings
  4. Protection is determined by the claims, which must define a product Correct answer.

Explanation

The scope of protection is defined by the claims, and for a utility model those claims must be directed to a product. Drawings illustrate but do not limit protection to a single embodiment. Process coverage is outside the utility model right altogether.

Question 36Utility Model

An examiner finds that a utility model claim is directed to a computer program per se. What is the proper objection?

  1. The claim is not directed to a product eligible for utility model protection Correct answer.
  2. The claim is anticipated by the prior art
  3. The claim lacks industrial applicability
  4. The claim lacks an inventive step

Explanation

A computer program as such is not a product eligible for utility model protection, so the objection is to the category of subject matter. Industrial applicability, inventive step, and novelty are different grounds. The examiner should frame the objection around eligibility rather than prior art.

Question 37Utility Model

Which of the following is a correct statement about the publication of a utility model application at IPOPHL?

  1. Publication occurs only after a successful opposition proceeding
  2. Publication is optional and occurs only at the applicant's request
  3. The application is published, and the publication makes the technical disclosure available to the public Correct answer.
  4. The application is kept confidential until the registration certificate issues

Explanation

Utility model applications are published, and publication makes the technical content available to the public. This disclosure function is part of the quid pro quo of the limited monopoly. Publication is not contingent on the applicant's request or on opposition.

Question 38Utility Model

A third party believes a granted utility model is invalid. Which avenue is available under Philippine practice?

  1. File a petition for cancellation of the utility model registration with IPOPHL Correct answer.
  2. Request the examiner to reopen examination ex parte
  3. File a criminal complaint for infringement in the regional trial court
  4. File an opposition with the Bureau of Patents after grant

Explanation

After grant, a person may seek cancellation of a utility model registration before IPOPHL on the grounds provided by law. Opposition is a pre-grant remedy and is not available once the certificate has issued. Criminal and civil infringement actions address enforcement, not validity.

Question 39Utility Model

An applicant claims a product whose only distinguishing feature is an aesthetic ornamentation with no technical effect. How should the examiner treat the utility model application?

  1. Allow the claim if the ornamentation is novel over the prior art
  2. Allow the claim because utility models protect any new product shape
  3. Object that the subject matter is an ornamental design better suited to industrial design protection Correct answer.
  4. Reject the claim for lack of an inventive step

Explanation

Utility models protect technical products, while purely ornamental creations belong to the industrial design system. Novelty alone does not convert an ornamental feature into eligible utility model subject matter. The examiner should direct the applicant to the appropriate form of protection.

Question 40Utility Model

Which statement correctly describes the relationship between the utility model and the invention patent in Philippine law?

  1. An application may be converted from a utility model to an invention patent, or vice versa, under the rules Correct answer.
  2. They are entirely separate systems with no cross-claiming of priority
  3. The two forms cannot both be pursued for related subject matter
  4. A utility model registration can be upgraded to an invention patent at any time after grant

Explanation

Philippine practice allows conversion between utility model and invention patent applications in accordance with the rules. This flexibility lets applicants adjust strategy as the commercial or technical picture develops. The two forms remain distinct rights with different terms and thresholds.

Question 41Industrial Design

Under the IPOPHL industrial design registration system, what is the maximum number of designs that may be covered by a single application?

  1. Up to five designs for the same Locarno class
  2. One design only, applied to a single product Correct answer.
  3. Only two variants of the same product
  4. Any number of designs filed as a set

Explanation

Philippine industrial design practice follows a one-design-per-application rule, so each application covers a single design as applied to one product. Bundling multiple distinct designs requires separate applications, each with its own filing requirements and fees.

Question 42Industrial Design

Which document is essential to establish the filing date of an industrial design application with IPOPHL?

  1. A reproduction of the design together with the request for registration Correct answer.
  2. A declaration of actual use
  3. A certified copy of the priority document
  4. A notarized deed of assignment

Explanation

The filing date is accorded once the application contains at least the request for registration and a reproduction or drawing of the design. Priority documents and assignments affect rights but are not required to secure a filing date.

Question 43Industrial Design

What is the statutory term of protection for an industrial design registration in the Philippines, counted from the filing date?

  1. Seven years, renewable for two further five-year periods
  2. Five years, renewable for two further five-year periods Correct answer.
  3. Ten years, non-renewable
  4. Fifteen years, renewable once

Explanation

Under the IP Code as amended, an industrial design registration is effective for five years from the filing date and may be renewed for two consecutive five-year periods, for a maximum of fifteen years. The term is not ten or fifteen years at the outset.

Question 44Industrial Design

Which subject matter is properly protectable as an industrial design?

  1. The ornamental appearance of a shoe sole Correct answer.
  2. A technical principle behind a locking mechanism
  3. A slogan printed on packaging
  4. A method of manufacturing a molded bottle

Explanation

Industrial designs protect the ornamental or aesthetic appearance of a product, including its shape, configuration, pattern, or color. Methods, technical principles, and slogans fall outside design protection and belong to patent, trade secret, or trademark law.

Question 45Industrial Design

In design examination, what does the requirement of 'novelty' mean?

  1. The design must never have been sold in the Philippines
  2. The design must be accompanied by a novelty search report
  3. The design must be the first of its kind in the applicant's industry
  4. The design must differ from all prior designs anywhere in the world before the filing or priority date Correct answer.

Explanation

Novelty for industrial designs is assessed against the prior art worldwide as of the filing or priority date. Prior public disclosure anywhere, not just local sales, can defeat novelty unless an applicable grace period is invoked.

Question 46Industrial Design

A designer publicly displayed a new lamp design at a trade fair. Within what period must a Philippine application be filed to preserve novelty under the grace period?

  1. Twenty-four months from the disclosure
  2. Six months from the disclosure Correct answer.
  3. Twelve months from the disclosure
  4. Three months from the disclosure

Explanation

Philippine law provides a six-month grace period preceding the filing or priority date during which certain disclosures by the designer or their successor do not destroy novelty. Filing within that window preserves the design's registrability.

Question 47Industrial Design

A furniture maker wants to register the shape of a chair whose form is dictated solely by the need for stackability. How should the examiner treat this design?

  1. Register it because any shape is ornamental
  2. Reject it because designs dictated solely by technical function are excluded Correct answer.
  3. Reject it only if a patent already covers the function
  4. Register it only if the chair is sold in the Philippines

Explanation

Design protection is denied where the appearance is dictated solely by the technical function of the product, because that would improperly extend protection to function. Stackability-driven shape is a classic example of such exclusion.

Question 48Industrial Design

An applicant files a design application claiming priority from an earlier foreign application. What is the priority period available under Philippine practice?

  1. Twelve months
  2. Eighteen months
  3. Six months Correct answer.
  4. Three months

Explanation

The right of priority for industrial designs is six months from the earlier filing, consistent with the Paris Convention. Patent priority is twelve months, but design priority is shorter.

Question 49Industrial Design

Which items must appear in the reproduction of a design submitted to IPOPHL for a clear disclosure?

  1. A sample of the actual product
  2. A written description replacing all drawings
  3. A technical specification of materials used
  4. Photographs showing the design from several views, with the article identified Correct answer.

Explanation

The reproduction, typically photographs or drawings, must clearly show the design from the necessary views so the claimed appearance is understood. The article to which the design is applied must be identified in the application.

Question 50Industrial Design

Two applicants independently create identical designs and file on the same day. How does IPOPHL resolve priority between them?

  1. The first to publicly use the design wins
  2. The applicant with the earlier priority date, or if equal, the parties are asked to settle or the application is refused Correct answer.
  3. Both registrations are granted simultaneously
  4. The applicant with the larger business wins

Explanation

Where priority dates are identical, neither applicant can claim priority over the other, and the Office will direct the parties to resolve the conflict or refuse the conflicting applications. First-to-use is not the governing principle for design registration.