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LAW ON PATENTS PATENT an exclusive right acquired over an invention, to sell, use, and make the same whether

r for commerce or industry. PATENTABLE INVENTIONS -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. The patentable invention may be, or may relate to, a product, or process, or an improvement of any of the foregoing. (Sec. 21) Requirements: 1) Technical solution of a problem in any field of human activity 2) Novelty that which does not form part of a prior art consists of: a) that which has been made available to the public anywhere in the world before the filing date or the priority date of the application b) that which forms part of an application whether for patent, utility or industrial design, effective in the Philippines, provided that: i. the inventors or applicants are not the same ii. the contents of the application are published in accordance with the requirements of patent application rules. iii. the filing date of the prior art is earlier.

3) Inventiveness/Inventive Step -an invention involves an inventive step if, having regard to prior art, it is not obvious to a person skilled in the art of the time of the filing date or priority date of the application claiming the invention. (Sec. 26) 4) Industrial Applicability -an invention that can be produced and used in any industry. (Sec. 27) NON-PATENTABLE INVENTIONS The following shall be excluded from patent protection: a) Discoveries, Scientific Theories and Mathematical Methods; b) Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computer; c) Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body; d) Plant varieties or animal breeds of essentially biological process for the production of plants or animals; e) Aesthetic creations; f) Anything which is contrary to public order or morality (Sec. 22)

RIGHT TO A PATENT The right to a patent belongs: a) to the inventor, his heirs, or assigns b) when 2 or more persons have made the invention separately and independently to them jointly c) if two (2) or more persons have made the invention separately and independently of each other to the person who filed an application for such invention (FIRST TO FILE RULE) d) where 2 or more applications are filed for the same invention to the applicant who has the earliest filing date or the earliest priority date (FIRST TO FILE RULE) (Sec. 29) e) in case of inventions created pursuant to a commission to the person who commissions the work UNLESS agreed otherwise. f) in case an employee made the invention in the course of his employment, the patent shall belong to: the employee if invention not part of his regular duties even if he uses the time, facilities and materials of the employer; OR the employer if the invention is the result of the performance of his regularly assigned duties unless agreed otherwise. RIGHTS ACQUIRED BY THE PATENTEE The patentee acquires the following rights under his patent a) Where the subject matter of a patent is a product, to restrain, prohibit and prevent any unauthorized person or entity from making, using, offering for sale, selling or importing that product; b) Where the subject matter of a patent is a process, to restrain, prevent or prohibit any unauthorized person or entity from using the process, and from manufacturing, dealing in, using or offering for sale, or importing any product obtained directly or indirectly from such process; c) to assign, or transfer by succession the patent, and to conclude licensing contracts for the same (Sec. 71) CONTENTS OF PATENT APPLICATION A patent application shall contain: 1) a request for the grant of patent; 2) a description of the invention; -the disclosure of the invention must be in a manner sufficiently clear and complete for it to be carried out by a skilled in the art. 3) Drawings necessary for the understanding of the invention; 4) One or more claims 5) An abstract (Sec. 32) v must contain relevant information as to the identity of the person (no anonymous person) v if the applicant is not the inventor; he must show proof of authority to seek application for registration

UNITY OF INVENTION -every application for patent registration must contain an application over a simple invention or several inventions but must form part of a single general inventive concept PROCEDURE FOR THE GRANT OF PARENT a) According a filing date to the application (Sec. 41); b) Examination of compliance by applicant with the formal requirements specified in Sec. 32, i.e., contents of application (Sec. 42); c) Classification of application and search for prior art (Sec. 43) d) Publication of patent application in the IPO Gazette (Sec. 44); e) Inspection of the application documents by any interested party and written observations by any third party concerning the patentability of the invention (Secs. 44.2 and 47); f) Written request by the applicant, within 6 months from the date of publication of his patent application, for the substantive examination by the IPO of his application. (Sec 48); g) Grant of the patent (Sec. 50), or refusal of the examiner to grant the patent (Sec. 51); in the latter case, the refusal may be appealed to the Director of the Bureau of Patents; h) Publication of the grant of patent in the IPO Gazette (Sec. 52) TERM OF A PATENT, UTILITY MODEL, INDUSTRIAL DESIGN a) Patent 20 yrs from the filing date of application, without renewal b) Utility model 7 yrs, w/out renewal c) Industrial design 5 yrs, renewable twice UTILITY MODELS -models of implement or tools of any industrial product even if not possessed of the quality of invention but which is of practical utility INDUSTRIAL DESIGN -any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors provided that such composition or form gives a special appearance to and can serve as pattern for an industrial product or handicraft. CANCELLATION OF PATENTS Who may file? any person IPO motu proprio Grounds: a) That the patent is invalid (Sec. 81); b) That what is claimed as the invention is not new or patentable; c) That the patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by any person skilled in the art; or

d) That the patent is contrary to public order or morality. (Sec. 61) e) failure to make payments of annual fees or dues Where to file? BLA if in violation of IPC (administrative) RTC otherwise INFRINGEMENT -the making, using, offering for sale, selling or importing a patented product or a product obtained directly or indirectly from a patented process or the use of a patented process without the authorization of the patentee. (Sec. 76) TEST OF PATENT INFRINGEMENT 1) Literal Infringement resort is had to the words of the claim. 2) Doctrine of Equivalents if two devices do the same work in substantially the same way, the same result, and produce substantially the same result, they are the same even though they differ in name, form, or shape. REMEDIES IN CASE OF INFRINGEMENT A) File civil case for the following purposes: 1) To recover from the infringer such damages as the court may award considering the circumstances of the case provided it shall not exceed 3 times the amount of the actual damages sustained plus attorneys fees and other expenses of litigation; 2) To secure an injunction for the protection of his rights; 3) To receive a reasonable royalty, if the damages are inadequate or cannot be readily ascertained with reasonable certainty; 4) To have the infringing goods, materials and implements predominantly used in the infringement disposed of outside the channels of commerce, or destroyed without compensation; 5) To hold the contributory infringer jointly and severally liable with the infringer. B) File criminal case within 3 years from date of commission of the crime for repetition of infringement (Sec. 84)