Intellectual Property

INTELLECTUAL PROPERTY CODE (R.A. No.
8293; - After the period of protection assuming

Patents covid 19 is still around there can be a
Intellectual Property Code of the Philippines copy of this invention the one who
Principal purpose of Intellectual Property law: copies the invention is not liable
To protect and secure the exclusive rights of because the period of protection had
scientist, inventors artist and other gifted citizens already expired.
to their intellectual property and creations, 5. Adjudicate contested proceeding affecting
particularly when beneficial to the people for intellectual property rights;
such periods as provided by law. - Bureau of legal affairs: Intellectual
property office, they can conduct
Purpose: hearings and decide as to the respective
1. Protection of gifted citizen rights and duties of the parties involved.
2. Protection of general public
- The protection is only for periods 6. Coordinate with other government agencies
provided by law. The right is not forever, and the private sector efforts to formulate and
it is provided for by law. implement plans to polices to strengthen the
Technology Transfer Arrangement: protection of intellectual property right in the
 Ratio: One might have intellectual country.
property but he or she cannot mass
produce for the public consumption. Bureau under the Intellectual Property office
Through this arrangement one can enter 1. Bureau of Trademark
into a contract with another to mass 2. Bureau of Copyright
produce the invention and then they will 3. Bureau of patent
share this to the public. 4. The documentation, information and
technology transfer bureau
It refers to contracts or agreement involving the 5. The management information system and the
transfer of systematic knowledge for the EDP Bureau
manufacture of the product , the application of a 6. The administrative , financial and personnel
process or rendering of a service including services bureau
management contract and the
transfer ,assignment or licensing of all forms of Intellectual Property Office
intellectual property rights, including licensing of This is headed by the Director General. Just in
computer software. case there is an issue where must appeal be
made from the decision of the bureau of
Government Office tasked to promote an intellectual property office?
protect intellectual property rights
The Philippine Intellectual Property BUREAU - ( appeal) Director General of the
office. Intellectual Property Office because the decision
Functions: is rendered by the director of the Director of
1. Examine application for grant of letter patent legal affairs.
for inventions and register utility models and
industrial designs; ( patent) 1. Patentable vs. non-patentable
inventions
2. Examine application for the registration mark, Definition: Is the grant of exclusive right to
geographic indication integrated circuits make, use and sell patented object personally
( Trademark) or through others as well as the grant of rights to
effectively prohibit others from practicing the
3. Registration of technology transfer invention or profiting therefor without the consent
arrangement and settle disputes involving of owner.
technology transfer payments and implement - When granted a patent one cannot
strategies to promote and facilitate technology copy the patented product without
transfer. his consent of the inventor himself.
4. Promote the use of patent information as a Purpose : To provide right and protection to the
tool for technology development; inventor after the invention is disclosed to the
public. It also seeks to restrain and prevent 6. Anything which is contrary to public order or
unauthorized persons from unjustly profiting morality
from a protection invention . - Anything is scandalous : Sunglass
which is able to look into the body of the
A. What are the Patentable Invention person being looked at.
Any technical solution to a problem in any field 2. Ownership of a patent
of human activity which is new, involves an c. First to file rule: If two or more person have
inventive step and industrially applicable made the invention separately and
shall be patentable .It may relate to a product , independently the right of patent shall belong to
process or improvement or the forgoing the first person who filed the application for the
( Section 21) said invention, or where two or more application
- New: Not be introduced to the are filed for the same invention to the applicant
market prior to the invention of the who has earliest filing date or the earliest
particular product process and priority date.
invention. Not only to the end
product but also process. - In the old code, we have not
Ex: Process: The production line in adhered to the first to file rule, what
a factory may be peculiar to a was observed was the first to use
particular factory. ( This is rule. But this practice is problematic
patentable) since there is difficulty to determine
- Beneficial: Must solve a particular who actually uses the invention first.
problem in human activity( ex : Drug - The first to file rule is a mechanism
for the purpose of curing a particular where the right to patent is given to
disease) the one who registered his inventio
first.
B. Non -Patentable Invention
1. Discoveries, scientific theories and “ Priority date”
mathematical methods.  Check mo muna first to file
2. Scheme, rules and method of performing  Then apply right of priory rule
mental act, playing games or doing business An application for patent filed by any
program for computer person who has previously applied for the same
- Ex: He was able to conceptualize how invention in another country which by treaty ,
to solve a specific problem involving a convention or law affords similar privileges to
game and that when he use it he will be Filipino Citizen shall be considered as filed as of
able to solve a particular problem the date of filing by the foreign application.
3. Method for treatment of the human body or
animal body by surgery or therapy and -Assuming that there is foreign pharma
diagnostic method practiced on the human or company they applied for the registration of this
animal body by surgery or therapy and vaccine with the US they were given patent over
diagnostic methods practiced on human or the invention.
animal body
- Ex: Technique for operation, for policy Requirement:
consideration, it will prevent the 1. The local application expressly claim priority
development of medicine and promotion 2. It is filed within twelve month period from the
of science date the earliest foreign application was filed
3.A certified copy of a foreign application
4. Plant varieties or animal breeds or essentially together with an English translation is filed within
biological process for the production of plants or six months from the date of filing in the
animals. This provision shall not apply to micro- Philippines
organism and non biological and microbiological
process How to determine earlier filer?
- One is able to develop a hybrid plant - Documentary Proof as to when the
resistant to flooding application was filed
5. Aesthetic creation
- Plastic Surgery 3. Grounds for cancellation of a patent
Grounds of cancellation: Any person can file Doctrine of Equivalents: An infringement also
for a petition to cancel citing the ff grounds takes place when a device appropriate a prior
1. That what was claimed as an invention is not invention by incorporating its innovative concept
new or patentable. ( Novelty is absent) and although with some modification and
2. That the patent does not disclose the change, performs substantially the same
invention in a manner sufficiently clear and function in substantially in the same way to
complete for it to be carried out by any person achieve substantially the same result. In other
skilled in art ( complete disclosure) words, the principle or mode of operation must
3. That the patent is contrary to public order or be the same or substantially the same. Hence it
morality. ( non patentable product) must pass the function means result test. The
Patent Infringement: The making, using offering patentee has the burden to show that all the
for selling or importing of a patented product or a three element of equivalent is present
product obtained directly or indirectly from a
patented process or the use of the patented Defenses:
process without the authorization of the parties. 1. The patent is invalid
Contents of A PATENT 2 One of the grounds on which a petition for
The patent applicant shall be issued in cancellation can be brought is present
the name of the Republic of Philippines under
the seal of office shall be signed by the Director, B. Trademarks
and registered together with description ,claims 1. Marks vs. collective marks vs. trade names
and drawings if any on books and records of the 2. Acquisition of ownership
office. ( * Drawings: For the public after the a. Concept of actual use
period of patent expired the public can mass b. Effect of registration
produce leading to lower prices” 3. Well-known marks
4. Rights conferred by registration
Term of Patent: The term of the patent shall be 5. Cancellation of registration
twenty years from the date of the filing of 6. Trademark infringement
application . 7. Unfair competition
May the patent be canceled once it is issued?

Yes, The patent is merely a grant of privilege by
the government and may be canceled based on C. Copyrights
the ground specified by law. 1. Copyrightable works
4. Patent infringement 2. Non-copyrightable works
3. Rights conferred by copyright
4. Ownership of a copyright
Steps to determine the presence of 5. Limitations on copyright
infringement 6. Doctrine of fair use
1. Determine if there is literal infringement. If 7. Copyright infringement
there is a literal infringement the defendant is
liable
2. If there is no literal infringement then apply the
doctrine of equivalent should be applied
Literal Infringement: There is a infringement of

patent under this test if one makes, uses or sells
an item that contains all the elements of the
patent claim
a. Exactness rule: The item is being
sold made or used conforms exactly to
the patent claim of another
b. Addition rule : One makes, use or
sells an item that has all the elements of
patent claim of another plus other
elements

Intellectual Property

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INTELLECTUAL PROPERTY CODE (R.A. No.

8293; - After the period of protection assuming

May the patent be canceled once it is issued?

Literal Infringement: There is a infringement of

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