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Intellectual property law

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INTELLECTUAL PROPERTY CODE (RA 8293)
LAW ON PATENTS, UTILITY MODEL AND INDUSTRIAL
DESIGN
Patent: exclusive right granted for a product, process or
an improvement of a product or a process which is new,
inventive and useful
Utility Model: protection option designed to protect
innovations not sufficiently innovative to meet for standard
patent applications
Industrial Design: lines/colors or any 3D form that gives
special appearance to and can serve as pattern for
industrial product or handicraft
TERM
PATENT
20 yrs, no renewal
UTILITY MODEL
7 yrs, no renewal
INDUSTRIAL DESIGN
5 yrs, renewable
for 2 consecutive 5 yrs
MODE OF CREATION OF RIGHT: register to IPO
REQUISITES OF PATENTABLE INVENTIONS
Must be a technical solution to a problem in any
field of human activity
Must be new (not part of a prior art)
Must involve inventive step (not obvious)
Must be industrially applicable
FIRST TO FILE RULE
- right to patent shall belong to the person who filed
application for such invention (earliest between filing date
and priority date)
RIGHT TO PRIORITY
- for foreign-local patent application
- considered as filed as of date of filing foreign application
provided:
o Local application expressly claims priority
o Filed within 12 months from date earliest foreign
application was filed
o Certified copy of foreign application is filed
within 6 months from date of filing in PH
RIGHT TO THE PATENT
o To the inventor, his heirs or assigns
o In case of joint invention, belonged jointly, if
one of them dies:
- Economic rights: co-ownership
- Patent ownership: one remains
INVENTIONS CREATED PURSUANT TO A
COMMISSION
G.R: one who commissions the work owns it
Exception: (in case of employee in course of work)
o Employee if not part of regular duties
o Employer if part of regular duties unless agreed
upon by them

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Patent Infringement: unauthorized making, using or
selling any patented invention/products of patented
invention without consent from patent holder
TESTS OF PATENT INFRINGEMENT
1) Literal Infringement resort must be had, in the first
instance, to the words of the claim
2) Doctrine of Equivalents Infringement when a
device appropriates prior invention by incorporating its
innovative concept with modifications
PRESCRIPTIVE PERIOD FOR FILING A CASE FOR
PATENT INFRINGEMENT
- 4 years after act of patent infringement
NON-PATENTABLE INVENTIONS
× Discoveries, scientific theories and
mathematical methods
× Methods of performing mental acts, playing
games/doing business, computer programs
× Treatment of human or animal body by surgery
or therapy but shall not apply to products and
composition for use
× Plant varieties/animal breed or essentially bio
process for production of plants/animal but shall
not apply to micro-organisms, non-bio and
micro-bio processes
× Aesthetic creations
× Anything contrary to public order/morality
LAW ON TRADEMARKS, SERVICE MARKS AND
TRADE NAMES
Trademark: visible sign (marked container of goods)
Service mark: visible sign (for services)
Collective mark: visible sign (distinguishing origin)
Tradename: name or designation distinguishing an
enterprise
MODE OF CREATION OF RIGHT
1) For TM, SM and CM register to the IPO
2) For Tradename need not be registered
TERM: 10 yrs with unlimited renewal
SUBSEQUENT REGISTRATION: every 5 yrs, submit to
IPO proof of actual use of mark
NON-REGISTRABLE MARKS
× Immoral, deceptive, scandalous or misleading to
the public
× Coat of arms or Philippine flag
× Name, portrait or signature except by written
consent
× Identical with a registered mark
× Generic signs, customary or trade practice
× Shapes or colors alone
× Contrary to public order or morality

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LAW ON PATENTS, UTILITY MODEL AND INDUSTRIAL DESIGN FIRST TO FILE RULE - right to patent shall belong to the person who filed application for such invention (earliest between filing date and priority date) Patent: exclusive right granted for a product, process or an improvement of a product or a process which is new, inventive and useful Utility Model: protection option designed to protect innovations not sufficiently innovative to meet for standard patent applications Industrial Design: lines/colors or any 3D form that gives special appearance to and can serve as pattern for industrial product or handicraft RIGHT TO PRIORITY - for foreign-local patent application - considered as filed as of date of filing foreign application provided: o Local application expressly claims priority o Filed within 12 months from date earliest foreign application was filed o Certified copy of foreign application is filed within 6 months from date of filing in PH INTELLECTUAL PROPERTY CODE (RA 8293) PATENT UTILITY MODEL INDUSTRIAL DESIGN TERM 20 yrs, no renewal 7 yrs, no renewal 5 yrs, renewable for 2 consecutive 5 yrs MODE OF CREATION OF RIGHT: register to IPO REQUISITES OF PATENTABLE INVENTION ...
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