Understanding RA 8293 as

Amended by RA 10372 - The

Intellectual Property Law of
the Philippines
 ATTY. ANNIELYN AGUSTIN IGNES, LPT

Doctor of Philosophy in Institutional Development and Management

Master of Arts in Educational Management
Master of Arts in Public Administration
Master of Laws ( on -going)
Bachelor of Science in Business Adminsitration major in Marketing
Bachelor of Science in Secondary Education major in TLE
LAW 311 - Professor
 REPUBLIC ACT NO. 8293

ANACT PRESCRIBING THE

INTELLECTUAL PROPERTY
CODE AND ESTABLISHING THE
INTELLECTUAL PROPERTY
OFFICE, PROVIDING FOR ITS
POWERS AND FUNCTIONS,
AND FOR OTHER PURPOSES
 DEFINITION OF RA. 8293

 The law covers various

aspects of intellectual
property, including
patents, trademarks,
copyrights, and unfair
competition. It aims to
protect the rights of
creators and innovators,
encourage innovation and
creativity, and promote fair
competition in the
marketplace.
 PART 1

THE
INTELLECTU
AL
PROPERTY
OFFICE
 Declaration of State Policy. - The State
recognizes that an effective intellectual and
industrial property system is vital to the
development of domestic and creative activity,
facilitates transfer of technology, attracts foreign
investments, and ensures market access for our
products.
 It shall protect and secure the exclusive rights of
scientists, inventors, artists and other gifted
citizens to their intellectual property and creations,
particularly when beneficial to the people, for such
periods as provided in this Act.
International Conventions and
Reciprocity.
Any person who is a national or who is domiciled or
has a real and effective industrial establishment in
a country which is a party to any convention, treaty
or agreement relating to intellectual property
rights or the repression of unfair competition
- to which the Philippines is also a party, or extends
reciprocal rights to nationals of the Philippines by
law, shall be entitled to benefits to the extent
necessary to give effect to any provision of such
convention, treaty or reciprocal law
- in addition to the rights to which any owner of an
intellectual property right is otherwise entitled by
this Act.
Technology transfer arrangements"
- refers to contracts or agreements involving the
transfer of systematic knowledge for the
manufacture of a product, the application of a
process, or rendering of a service including
management contracts; and the transfer,
assignment or licensing of all forms of intellectual
property rights, including licensing of computer
software except computer software developed for
mass market.
Office - refers to the Intellectual Property Office
created by this Act.
IPO Gazette" refers to the gazette published by
the Office under this Act.
 Section 5. Functions of the
Intellectual Property Office
(IPO)

1. administer and implement the State

policies declared in this Act,
 a) Examine applications for grant of letters patent for
inventions and register utility models and industrial
designs;
 b) Examine applications for the registration of marks,
geographic indication, integrated circuits;
 c) Register technology transfer arrangements and settle
disputes involving technology transfer payments covered
by the provisions of Part II, Chapter IX on Voluntary
Licensing and develop and implement strategies to
promote and facilitate technology transfer;
 d) Promote the use of patent information as a tool for
technology development;
 e) Publish regularly in its own publication the patents,
marks, utility models and industrial designs, issued and
approved, and the technology transfer arrangements
registered;
 f) Administratively adjudicate contested
proceedings affecting intellectual property rights;
and
 g) Coordinate with other government agencies and
the private sector efforts to formulate and
implement plans and policies to strengthen the
protection of intellectual property rights in the
country.

 5.2. The Office shall have custody of all records,

books, drawings, specifications, documents, and
other papers and things relating to intellectual
property rights applications filed with the Office.
 The Bureau of Patents.
The Bureau of Patents shall have the
following functions:
8.1. Search and examination of patent
applications and the grant of patents;
8.2. Registration of utility models,
industrial designs, and integrated circuits;
and
8.3. Conduct studies and researches in the
field of patents
The Bureau of Trademarks.
The Bureau of Trademarks shall have the
following functions:
9.1. Search and examination of the
applications for the registration of marks,
geographic indications and other marks of
ownership and the issuance of the
certificates of registration
9.2. Conduct studies and researches in the
field of trademarks
The Bureau of Legal
Affairs.
functions:
10.1. Hear and decide opposition to the
application for registration of marks;
cancellation of trademarks; cancellation of
patents, utility models, and industrial
designs; and petitions for compulsory
licensing of patents;
10.2. (a) Exercise original jurisdiction in
administrative complaints for violations of
laws involving intellectual property rights:
That its jurisdiction is limited to complaints
where the total damages claimed are not less
(P200,000):
 Availment of the provisional remedies may
be granted in accordance with the Rules of
Court.
The Director of Legal Affairs shall have the
power to hold and punish for contempt all
those who disregard orders or writs issued in
the course of the proceedings.
 PART II

THE
LAW ON
PATENT
S
 CHAPTER II
PATENTABILITY

Section 21. 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.
 It may be, or may relate to, a product, or
process, or an improvement of any of the
foregoing.
Section 22. Non-Patentable Inventions. -
The following shall be excluded from patent
protection:

22.1. Discoveries, scientific theories and

mathematical methods;

22.2. Schemes, rules and methods of

performing mental acts, playing games or
doing business, and programs for
computers;
22.3. Methods for treatment of the human
or animal body by surgery or therapy and
diagnostic methods practiced on the human
or animal body.
This provision shall not apply to products
and composition for use in any of these
methods;
22.4. Plant varieties or animal breeds or
essentially biological process for the
production of plants or animals.
This provision shall not apply to micro-
organisms and non-biological and
microbiological processes.
22.5. Aesthetic creations; and

22.6. Anything which is contrary to public

order or morality.
Section 23. Novelty. - An invention shall not
be considered new if it forms part of a prior
art. (Sec. 9, R.A. No. 165a)

Section 24. Prior Art. - Prior art shall consist

of:
24.1. Everything which has been made
available to the public anywhere in the world,
before the filing date or the priority date of
the application claiming the invention; and
24.2. The whole contents of an application for a
patent, utility model, or industrial design
registration, published in accordance with this
Act, filed or effective in the Philippines, with a
filing or priority date that is earlier than the
filing or priority date of the application:
 Application which has validly claimed the filing
date of an earlier application under Section 31
of this Act, shall be prior art with effect as of
the filing date of such earlier application:
 Provided further, That the applicant or the
inventor identified in both applications are not
one and the same.
Section 25. Non-Prejudicial Disclosure. .
 The disclosure of information contained in
the application during the twelve (12) months
preceding the filing date or the priority date
of the application shall not prejudice the
applicant on the ground of lack of novelty if
such disclosure was made by
a) The inventor;
(b) A patent office and the information was
contained (a) in another application filed by
the inventor and should not have been
disclosed by the office, or (b) in an application
filed without the knowledge or consent of the
inventor by a third party which obtained the
information directly or indirectly from the
inventor; or
(c) A third party which obtained the
information directly or indirectly from the
inventor.
25.2. For the purposes of Subsection 25.1,
"inventor" also means any person who, at
the filing date of application, had the right
to the patent.
Section 26. Inventive Step. -
involves an inventive step if,
having regard to prior art, it is not
obvious to a person skilled in the
art at the time of the filing date or
priority date of the application
claiming the invention. (n)
 26.2. In the case of drugs and medicines, there is
no inventive step if the invention results from the
mere discovery of a new form or new property of
a known substance which does not result in the
enhancement of the known efficacy of that
substance, or the mere discovery of any new
property or new use for a known substance, or
the mere use of a known process unless such
known process results in a new product that
employs at least one new reactant.
A reactant is a substance that changes in a
chemical reaction.
Vinegar and baking soda are reactants —
when you mix them together, they bubble up
and make really good lava for a model
volcano. Reactants usually hang around the
chemistry lab, but the concept isn't difficult
if you think about the word react.
SECTION 27. Industrial Applicability. ‑ An
invention that can be produced and used in
any industry shall be industrially applicable.
(n)
INDUSTRY
Manufacturing Real Estate

agriculture Logistics

tourism Mining

financial Transportation

Insurance Publishing

Hotel Retail etc…..

Thank
you!