IP Ass 6

ASSIGNMENT NO.
6-INTELLECTUAL PROPERTY
COMMERCIAL LAW REVIEW
Atty. Myra-Diwata A. Rivera-Caroy
Instructions:
1. Answer the questions completely and concisely, taking into consideration the
pertinent provisions on patents. A mere “YES” or “NO” answer shall not be given
any credit. Limit your explanation to just three sentences each. Place your
answers right after the question/item.
2. Submit your assignment on or before 01 February 2021 at 5:00 p.m. Late
assignment outputs shall not be considered.
Topic:
Patents
Lily and Lester are siblings who are employees of DUMEKS Condoms Manufacturing Inc.,
a domestic corporation engaged in the manufacture and sale of condoms and other
contraceptives.
In the course of his employment, Lester was able to invent a condom that is originally
colorless, but would turn a different shade/color when exposed to sexually transmitted
diseases upon use as follows: RED-gonorrhea; ORANGE-syphilis; YELLOW-chlamydia;
GREEN-genital warts; and VIOLET-HIV/AIDS.
Meanwhile, Lily was on an official leave of absence when she invented a brassiere that
would otherwise enable early breast cancer detection for women users.
(1) Is the condom patentable? (10%)

Yes, it is patentable. Under Sec. 21 of IPL, “any technical solution of a
problem in any field of human activity which is new, involves an
inventive step and is industrially applicable shall be patentable. It may
be, or may relate to, a product, or process, or an improvement of any of
the foregoing.” The condom which can detect sexually-transmitted
diseases appears to be a new technical solution.
(2) Is the brassiere patentable? (10%)

Yes, it is patentable. Under Sec. 21 of IPL, “any technical solution of a
problem in any field of human activity which is new, involves an
inventive step and is industrially applicable shall be patentable. It may
be, or may relate to, a product, or process, or an improvement of any of
the foregoing.” The brassiere which can detect breast cancer appears
to be a new technical solution.
(3) Who owns the patent to the condom? (10%)

The employer of Lester owns the patent because Lester invented the
condom in the course of his employment. This is pursuant to sec. 30.2
of the IPL which provides that the employer will own the patent 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.
(4) Who owns the patent to the brassiere? (10%)

Lily owns the patent because she was on leave when she invented the
brassiere. Sec. 30.2 provides that the employee owns the patent if the
inventive activity is not part of his regular duties even if the employee
uses the time, facilities and materials of the employer.
(5) Suppose the patent over the condom was already registered at the Intellectual
Property Office on 14 February 2018 as per Registration No. IPO-PP-2017-
8265167. It appears that Paulo Dantes, a freelance inventor based in Cebu City,
was able to come up with the same invention as the condom that helps early
detection of sexually transmitted diseases. It appears that Paulo’s condoms are
also originally colorless, and would change color when upon use, it is exposed to
the pathogens responsible for HIV/AIDS, syphilis and gonorrhea. Paulo was able
to come up with his “magic condom”, as he calls it, sometime on 26 October
2014.
Paulo now comes to you for advice on whether he has any right of recourse
against the registered owner of Patent No. IPO-PP-2017-8265167. What will you
tell Paulo? Explain. (10%)
I will tell Paulo that he has a right as the registered owner of the
patent of the magic condom. Under Sec. 29 of the IPL or the “First to File
Rule”, if 2 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 application for such invention to the applicant who has
the earliest filing date, or the earliest priority date.
Nothing Follows 

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ASSIGNMENT NO.

(1) Is the condom patentable? (10%)

(2) Is the brassiere patentable? (10%)

(3) Who owns the patent to the condom? (10%)

(4) Who owns the patent to the brassiere? (10%)

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