Commercial Law, 2011 Bar — Question 61

MULTIPLE CHOICE

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.

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