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Intellectual Property: Patent Search: Republic Act No. 8293

The document discusses intellectual property patents in the Philippines. It covers patent principles like territoriality, first-to-file, and disclosure requirements. It also outlines what is considered patentable subject matter including products, processes, and computer-related inventions. The requirements for patentability including novelty, inventive step, and industrial applicability are defined. The document provides guidance on conducting patent searches and lists some free patent and non-patent databases. It describes the contents needed for a patent application including requests, descriptions, claims, drawings, and abstracts.

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Bry Ramos
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© © All Rights Reserved
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50 views11 pages

Intellectual Property: Patent Search: Republic Act No. 8293

The document discusses intellectual property patents in the Philippines. It covers patent principles like territoriality, first-to-file, and disclosure requirements. It also outlines what is considered patentable subject matter including products, processes, and computer-related inventions. The requirements for patentability including novelty, inventive step, and industrial applicability are defined. The document provides guidance on conducting patent searches and lists some free patent and non-patent databases. It describes the contents needed for a patent application including requests, descriptions, claims, drawings, and abstracts.

Uploaded by

Bry Ramos
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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22/03/2021

Intellectual Property:
Patent Search

1 Republic Act No. 8293


- an act describing the Intellectual Property Code and
Establishing the Intellectual Property Office, Providing for its
Powers and Functions, and for Other Purposes

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PATENT PRINCIPLES

 Territoriality – patents are only valid in the country or


region in which they have been granted
 First-to-file – applicant who files first will get the patent
 Disclosure – applicant shall disclose the invention in a
manner sufficiently clear and complete
 Conditional – patents are granted only upon compliance
with the criteria of patentability

PATENTS
The exclusive right to exploit the invention for 20 years from
the filing date, i.e. to make, use, sell or import an invention.

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PATENTABLE INVENTIONS

Product Process Computer-related


invention
◦ Method of use

◦ Method of
manufacturing
◦ Non-biological
process

◦ Microbiological
process

NON-PATENTABLE INVENTIONS

◦ Discoveries ◦ Schemes, rules and ◦ Plant varieties or


◦ Scientific theories methods of: animal breeds or
 performing essentially
◦ Mathematical biological
methods mental acts
 playing games processes for the
◦ Methods for  doing business production of
treatment of the plants and animals
human or animal  programs or
computers ◦ Aesthetic creations
body by surgery or
therapy & ◦ Anything which is
diagnostic methods contrary to public
practiced on the order or morality
human & animal
body.
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REQUIREMENT FOR PATENTABILITY

Substantive Requirements:
1. Novel
2. Inventive Step
3. Industrial Applicability

Formal Requirements:
1. Patentable subject matter
2. Sufficiency of disclosure/enablement

REQUIREMENT FOR PATENTABILITY:


Substantive

NOVELTY
(Sec. 23, R.A. 8293)
An invention shall not be considered new if it forms
part of a prior art.

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WHAT IS “PRIOR ART”?


Everything made available to the public by means of:

Written Oral Internet


Description Description Publication

Or any other
By use
way

REQUIREMENT FOR PATENTABILITY:


Substantive

INVENTIVE STEP
(Sec. 26, R.A. 8293)
An invention involves an inventive step, if having
regard to prior art.

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REQUIREMENT FOR PATENTABILITY:


Substantive

INDUSTRIAL
APPLICABILITY
(Sec. 27, R.A. 8293)
An invention that can be produced and used in any
industry shall be industrially applicable.

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REQUIREMENT FOR
PATENT SPECIFICATION

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VERIFY THE FOLLOWING: Conduct Patent Search

- Enlist problems in prior art


- What is the problem sought to be solved by the invention?
- Is it a patentable subject matter?
- What is novel?
- Is the solution obvious?

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PATENT DATABASES (FREE)

https://patents.google.com/advanced
https://worldwide.espacenet.com
https://www.uspto.gov/patent
http://onlineservices.ipophil.gov.ph

NON-PATENT DATABASES (FREE) PROPRIETARY DATABASES

Google Scholar CAS STN


Pubmed EPOQUEnet
Scientific Journals WIPS
IEEE
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PATENT APPLICATION

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THE APPLICATION SHALL CONTAIN THE FF:

- a duly accomplished request for the grant of patent


- a description of the invention
- one or more claims
- drawings
- abstract

Fees should be paid within one (1) month from the filing date.

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CONTENTS OF THE DESCRIPTION

Technical Background
Title
Field Art

Description
Detailed
Summary of
Description
Drawings

Claim/s Abstract Drawings

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DRAWINGS
- Must be signed by an applicant
- Must show every feature of the invention
- Figures must be consecutively numbered

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Categories of Claims
- Physical Entity
- Activity

Kinds of Claims
CLAIMS - Independent Claim
- Dependent Claim
- Must be clear
- Must be complete Parts of Claims
- Must be supported
- Preamble
- Body
- Transition
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Example of Claim
A cleaning device comprising : a sweeping
member; an elongated rod connected to the
sweeping member; and a handle connected
at the upper end of the rod.

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DIFFERENT MODES OF FILING


PATENT APPLICATIONS
- Manual Filing
- Thru Mails
- Online services: E-filing
www.ipophil.gov.ph

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