Intellectual Property Flashcards
REPUBLIC ACT 8293 - INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES
“An act prescribing the intellectual property code and establishing the intellectual property office,
providing for its powers and functions, and for other purposes.
REPUBLIC ACT 165
An act creating a patent office
REPUBLIC ACT 166
An act to provide for the registration and protection of trademarks, tradenames, and
service-marks
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The agency of the government in charge of the implementation of the lntellectual Property Code is the lntellectual Property Office which replaced the Bureau of Payents, Trademarks and Technlogy Transfer lt s divided into six [6] Bureaus:
Bureau of Patents;
* Bureau of Trademarks;
* Bureau of Legal Affairs
* Documentaton, Information and Technology Transfer Bureau;
* Management Information System and EDP Bureau; and
* Administrative. Financial, and Personnel Services Bureau
the period of the grant was increased from I7 years from grant under the old law to?
2l years from date of filing under the new law
- In the case of utility models, the previous grant of 5 years plus renewals of 5 years each
under the old law was changed to
7 year without renewal under the new law
Under the new law, publication is effective after __ months from filing date or priority date
18
under the present law, the penalties range
from ________________ and/or _________ years of imprisonment and the offense
prescribes in 3 years.
P100000-300000; 6 months to 3 years
a right granted to an inventor that excludes others from making, selling, or using the invention for a period of time. Encourages unique and useful inventions.
Patent
How long can a patent protect an invention?
20 yrs
RULE 200
Patentable Inventions
Rule 201
Statutory Classes of Patentable Inventions
Rule 203
Novelty
Rule 204
Equivalents
Rule 205
Non-Prejudicial Disclosure
Rule 206
Inventive Step
Rule 207
Person having ordinary skills in the art
Rule 208
Industrial Applicability
RULE 500. WHO MAY APPLY FOR PATENT?
Any person, natural or judicial, may apply for a patent. If the applicant is not the inventor, the Office shall require him to submit a proof of his authority to apply for the patent
RULE 501. WHEN THE APPLICANT DIES, BECOMES INSANE OR INCAPACITATED
administrator or guardian may sign the application papers and other documents. He may also apply for the patent in the name of the applicant his heirs, or assignee
RULE 502. ASSIGNED INVENTION AND PATENTS
The application may be filed by or in the name of the assignee who may sign the
application.
- If juridicial person, any officer can sign in behalf
- If aliquot person, any joint owner shall sign
RULE 400. THE PATENT APPLICATION
Application shall be in WRITING but can be electronic or online if available
* Can be Filipino or English
* Filed by post or with bureau
* Application addresses Director
RULE 401. PAYMENT OF FEES
Application = full payment of filing, search, and publication fee within ONE MONTH AFTER FILING DATE
RULE 404. THE REQUEST
Request contains PETITION FOR PATENT GRANT and APPLICANT’S NAME - ADDRESS
RULE 410. TITLE OF THE INVENTION
Title shall be short and specific
* Heading of first page of introduction
* In technical terms. NO FANCY NAMES
* Inventor’s name, if with claim for convention priority, shall contain
1. FIle number
2. Country of origin
3. Filing date
4. Name and address of resident agent/representative
5. Signature
RULE 1000. GRANT OF PATENT
- If application meets requirements and fees are paid –> PATENT GRANTED by office
- Fees not paid on time? Application withdrawn (Sec. 50, IP Code)
RULE 1001. CONTENTS OF PATENT
Patent issued
1. In the name of the Republic of the Philippines
2. Under the seal of the Office
3. Signed by Director of Patents
4. Registered together with description, claims, drawings, books, and records of the Office (Sec. 43, IP Code)
RULE 1002. PUBLICATION UPON GRANT OF PATENT
- Patent grant and other info published in IPOPHL E-Gazette within SIX MONTHS
RULE 1003
Any interested party may inspect the complete description, claims, and drawings of the patent on file with the Office
RULE 1004. TERM OF PATENT
Term shall be TWENTY YEARS from filing date
* Patent is no more if any annual fees are not paid on time or Cancelled in accordance with
the provisions of the IP Code and these Regulations
refers to a recognizable insignia, phrase, word, or symbol that denotes a specific
product and legally differentiates it from all other products of its kind.
Trademark
Why is trademark important?
it is a good idea to register the name of your business as a
trademark. If another business tries to use the same or similar name, you will have legal
recourse to stop it. A trademarked name marks all your products and services as yours and no
one else’s and can also protect you from counterfeit products.
elements of trademark infringement
(1) a registered trademark in the
Philippines,
(2) plaintiff’s ownership of said mark, and
(3) use of the trademark or imitation
thereof by a third person
What is copyright?
A copyright is a collection of rights that automatically vest to someone who creates an original work of authorship -
why is copyright important?
it helps to protect the value of an author/academic/researchers work,
by giving the originator of the work the ability to protect it from unlicensed or uncredited usage
How long do Copyrights last?
70 years
When does copyright infringement occur?
occurs when there is a violation of moral rights granted to the copyright owner.
The IP Code also provides for the liability of a person who at the time when copyright subsists in a work has in his possession an article that he knows, or ought to know, to be an infringing copy of the work for the following purposes:
(a) selling or letting for hire
(b) distributing the article for trade
(c) trade exhibit of the article in public
First offense for copyright infringement
50000-150000 pesos; imprisonment 1-3 years
2nd offense for copyright infringement
3 years and 1 day to 6 years imprisonment; 1500000-500000 pesos
third and subsequent offense for copyright infringement
6 years and 1 day to 9 years imprisonment; 500000 to 1500000 pesos
