1 - Overview of The IP System - Repaired

INTELLECTUAL
PROPERTY SYSTEM
(AN OVERVIEW)
Engr. Wilfredo O. Calaguan

Assistant Division Chief (IPR Specialist IV)
IP Search & Documentation Division
Intellectual Property Office
(IPOPHL)
What is Intellectual Property?
Intellectual property (IP)
refers to creations of the
mind,
such as inventions; literary
and artistic works; designs;
and symbols, names and
images used in commerce.
http://www.wipo.int/about-ip/en/
http://www.huxleyhillinvestigations.com.au/intellectual-property/
What is Intellectual Property?
-an asset that any person

can own, sell, license
-requires protection from
theft and unauthorised
used
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imgurl=https://ipmanstrategy.files.wordpress.com/2015/06/ip-
protection.jpg&imgrefurl=https://ipmanstrategy.wordpress.com/2015/06/08/why-
businesses-love-ip-
2/&h=848&w=1000&tbnid=rCaTSBnpdOFTZM:&docid=Kuo0M1W8aRojfM&ei=0YK_VcaCMIm
Z0gS00LDABw&tbm=isch&ved=0CHsQMyhXMFdqFQoTCIavls-XjccCFYmMlAodNCgMeA
FROM CONCEPTION/BIRTH TO DEATH
CELLULAR PHONES, COMPUTERS,
TABLETS, APPAREL, TRANSPORTATION
SYSTEMS, OFFICE EQUIPMENT,
FURNITURE, HOUSEHOLD
DEVICES/EQUIPMENT, MUSIC, BOOK,
MAGAZINES
MUSIC BABY FOODS

DIAPER TOYS
[IMAGE] https://buntis.info/paano-malalaman-kung-
buntis-ang-irregular-na-babae/
TOOTHPASTE HULING PAALAM
PREGNANCY CC=WO&NR=2015049508A1&KC=A1&FT=D&ND=&date=20150409& LOTION
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COFFIN FUNERAL SONGS
DB=&locale=#
TEST KIT VITAMINS/ FUNERAL SERVICES
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photo/mother-baby-home-lullaby-songs-music- [IMAGE] http://brewminate.com/not-knowing-if-anything-comes-
FOOD 641278225 after-death-but-celebrating-it-anyway/
Purposes of IP
• To encourage inventors/ makers/ creators/ designers/ owners to

disclose
• To enable to recoup the cost
• Incentive for future research
• To facilitate technology transfer or licensing
• For technological advancement
IP LAWS IN PH
• RA 8293 – IP Code of the

Philippines
• RA 9150 - An Act providing for the Protection of Layout
Designs (Topographies) of Integrated Circuit
• RA 9168 - New Plant Varieties Protection Act
Republic Act 8293
Intellectual Property Code of the Philippines
The Intellectual Property Office of the

Philippines (IPOPHL)
is the government agency mandated to

implement the law protecting
intellectual property rights in the Philippines as
provided for under R.A. 8293, or the
Intellectual Property Code of the
Philippines.
(signed into law in June 6, 1997)
Branches of IP
INTELLECTUAL
PROPERTY
Industrial
Property
Copyright and
Related
Rights
Under the IP Code(Republic Act 8293), intellectual property
right consists of:
(A) Copyright and Related Rights
(B) Industrial Property

(b.1) Patents
• Utility Models
(b.2) Industrial Designs

(b.3) Layout-Designs (Topographies) of

Integrated Circuits
(b.4) Trademarks, Service Marks,

Collective Marks
(b.5) Geographical Indications
(b.6) Undisclosed Information

(B.1) PATENTS
Patents
2. This exclusive right gives the
1. A Patent is grant issued by the
inventor the right to exclude
Government through the others from making, selling or
using the product of his invention
Intellectual Property Office of
during the life of the patent.
the Philippines (IPOPHL). • In return the patent owner must
share the full description of his
invention.
This information on the patent is available to the public

through the IPOPHL’s Official Gazette & Library.
• First-to-File System
• Term of 20 years from filing date
Is your patented invention in PH
protected in the US?
[1] New/Novel
Section 21 of R.A. 8293

Requires that an invention be: NEW (NOVEL)
An invention shall not be considered NEW if

it forms part of a prior art.
(Sec. 23, R.A.8293)
What is a “prior art”?
Everything made available to the public by means of:
RT
R A
R I O
P
17
- If you publish your inventions in a
journal, newspaper, library, internet or
demonstrate, sell or discuss your
OH
invention in public before you file a NO!!!!!
patent application.
you cannot get a

patent for lacking
novelty!!!
[Image] https://www.dreamstime.com/royalty-free-stock-photos-oh-no-
image2736328
…but wait, there’s more…
NON-PREJUDICIAL DISCLOSURE
If you have already disclosed or published your inventions
in a journal, demonstrate, sell or discuss your invention in
public…
YOU CAN STILL FILE A PATENT APPLICATION
within 1 year from the date of disclosure or

publication
[image] https://medium.com/@Jos91/oh-yes-
celebrate-yourself-as-if-you-just-won-an-olympic-
gold-medal-961f1d96cf5
Patent: Inventive Step
Section 21 of R.A. 8293

Requires that an invention involves:
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.
(Sec. 26, R.A.8293)

OBVIOUS
Does not go beyond the normal progress of
technology
Follows plainly or logically from the prior art
Does not involve the exercise of any skill or

ability beyond that to be expected of a
person skilled in the art
obvious = lacking an inventive step
21
PERSON SKILLED IN THE ART
 Fictional person with no inventive ability
 Aware of common general knowledge in

specific art
 Has access to everything disclosed as the
state of the art
 Can observe developments in related
technical field
22
INVENTIVE TEST
INVENTION PRIOR ART 1 PRIOR ART 2
INVENTIVE? anti-cancer anti-cancer anti-cancer

composition composition composition
comprising A & B. containing A. containing B.
A & B are both known anti-cancer compounds.

Combination of A & B resulted to surprising efficacy
Does the invention have inventive
step?
Patent: Industrial Applicability
R.A. 8293
Requires that an invention should have:
INDUSTRIAL APPLICABILITY
(Sec. 27, R.A.8293)

INDUSTRIALLY APPLICABLE?
A perpetual motion machine

EXAMPLE:
Method and Apparatus for

Reforming Air in an Internal
Combustion Engine
Phil. Pat. No. 1-2006-000551

Inventor: Eraño Evangelista
Statutory Classes of Patentable Inventions
1. A product, such as a machine, a device,

an article of manufacture, a composition of matter, a
microorganism;
2. A process, such as a method of use, a method of
manufacturing, a non-biological process, a microbiological
process;
3. Computer-related inventions; and
4. An improvement of any of the foregoing.

Non-Patentable Inventions
1. Discoveries
2. Scientific theories
3. Mathematical methods
4. Schemes, rules and methods of
-performing mental acts
-playing games
-doing business
-programs for computers
5. Methods for treatment of the human or
animal body by surgery or therapy &
diagnostic methods practised on the
human & animal body
Non-Patentable Inventions
6. Plant varieties or animal breeds or

essentially biological processes for the
production of plants and animals (RA
9168)
7. Aesthetic creations
8. Contrary to public order or

morality
UTILITY MODEL
Any technical solution of a problem in any field

of human activity which is new and is industrially
applicable.
Term is seven (7) years from filing date without

renewal.
EXAMPLE:
What’s the diff..?
Patent Utility Model

Applications published Published for 2 months
with search report after prior to issuance of
18 months certificate
Substantive Examination none
Requires inventive step No inventive step
20 years from filing date 7 years from filing date
Enforcement is
Can enforce after grant determined by the
Registrability Report
(B.2) INDUSTRIAL DESIGN
INDUSTRIAL DESIGN
1. Any composition of lines or colors
2. Any three-dimensional form
3. Gives special appearance

and serves as pattern to
an industrial product or
handicraft
INDUSTRIAL DESIGN
The term of an industrial design registration is

five (5) years from the filing date of the
application. The registration may be renewed for
not more than two (2) consecutive periods of five
(5) years each, by paying the renewal fee.
EXAMPLES OF REGISTRABLE INDUSTRIAL DESIGNS
[a] Apple first
sued Samsung in 2011 for
copying the design of the
iPhone, kicking off a winding
trail of countersuits, trials
and appeals, including a
stop at the Supreme Court in
2016.
[b] The first trial took place

in 2012 and was decided in
Apple's favor, with the court
finding that Samsung had
violated Apple's patents for
"Bounce-Back Effect," "Tap
to Zoom," and others. Apple
was awarded $1 billion in
Apple and Samsung appeared to reach a settlement in 2015,
damages in August of that
reducing the amount to $548 million, although the case
year.
continued through appeals.
Source: [a] https://www.nytimes.com/2018/06/27/technology/apple-samsung-smartphone-patent.html

[b] https://appleinsider.com/articles/18/05/14/apple-versus-samsung-548m-smartphone-patent-battle-returns-to-court
A bottle full of IP
BOTTLE MANUFACTURING
- patent - patent
- utility model - utility model
- design
LABEL CONTENTS
- designs - trade secrets
- trademarks
- copyright
THANKS
www.ipophil.gov.ph

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INTELLECTUAL

Engr. Wilfredo O. Calaguan

-an asset that any person

MUSIC BABY FOODS

• To encourage inventors/ makers/ creators/ designers/ owners to

• RA 8293 – IP Code of the

The Intellectual Property Office of the

is the government agency mandated to

(A) Copyright and Related Rights

(B) Industrial Property

(b.2) Industrial Designs

(b.3) Layout-Designs (Topographies) of

(b.4) Trademarks, Service Marks,

(b.5) Geographical Indications

(b.6) Undisclosed Information

This information on the patent is available to the public

Section 21 of R.A. 8293

An invention shall not be considered NEW if

you cannot get a

YOU CAN STILL FILE A PATENT APPLICATION

within 1 year from the date of disclosure or

Section 21 of R.A. 8293

An invention involves an inventive step, if having

(Sec. 26, R.A.8293)

Does not involve the exercise of any skill or

obvious = lacking an inventive step

 Fictional person with no inventive ability

 Aware of common general knowledge in

INVENTION PRIOR ART 1 PRIOR ART 2

INVENTIVE? anti-cancer anti-cancer anti-cancer

A & B are both known anti-cancer compounds.

(Sec. 27, R.A.8293)

A perpetual motion machine

Method and Apparatus for

Phil. Pat. No. 1-2006-000551

1. A product, such as a machine, a device,

3. Computer-related inventions; and

4. An improvement of any of the foregoing.

6. Plant varieties or animal breeds or

8. Contrary to public order or

Any technical solution of a problem in any field

Term is seven (7) years from filing date without

Patent Utility Model

1. Any composition of lines or colors

2. Any three-dimensional form

3. Gives special appearance

The term of an industrial design registration is

[b] The first trial took place

Source: [a] https://www.nytimes.com/2018/06/27/technology/apple-samsung-smartphone-patent.html

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