111 SCRA 238 (1982)
FACTS:
This is a petition for certiorari to review the decision of the Court of Appeals.
On April 14, 1962, respondent Conrado de Leon filed in the CFI of Rizal at Quezon City a complaint for infringement of patent against petitioner Domiciano Aguas and F.H. Aquino and Sons alleging among others that being the original first and sole inventor of certain new and useful improvements in the process of making mosaic pre-cast tiles, and thereafter lawfully acquired from the Philippine Patent Office, Patent No. 658, the latter infringed the same by making, using and selling tiles embodying said patent invention. A writ of Preliminary Injuction was subsequently issued.
Petitioner Aguas, in his answer, denied the allegations and instead averred inter alia that respondent De Leon is neither the original first nor sole inventor of the improvements in the process of making mosaic pre-cast tiles, the same having been used by several tile-making factories both here and abroad years before the alleged invention by De Leon; hence, it is not patentable.
The trial court and the Court of Appeals, upon appeal rendered judgment in favor of respondent de Leon. Thus, this petition.
ISSUE:
Whether or not the alleged invention or discovery of respondent is patentable.
HELD:
Yea. x x x It should be noted that the private respondent does not claim to be the discoverer or inventor of the old process of tile-making. He only claims to have introduced an improvement of said process. In fact, Letters Patent No. 658 was issued by the Philippine Patent Office to the private respondent Conrado G. De Leon, to protect his rights as the inventor of “ an alleged new and useful improvement in the process of making pre-cast tiles.” Indeed, section 7, Republic Act No. 165, as amended provides: “ Any invention of a new and useful machine, manufactured product or substance, process, or an improvement of the foregoing, shall be patentable.”
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