Intellectual Property Act Flashcards
REPUBLIC ACT NO. 8293
AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND
ESTABLISHING THE INTELLECTUAL PROPERTY OFFICE, PROVIDING FOR ITS
POWERS AND FUNCTIONS, AND FOR OTHER PURPOSES
IPO
Intellectual Property Office
Bureau
Bureau of Patents
Director
Director of Patents
Regulations
Rules of Practice in Patent Cases formulated by the Director of Patents and promulgated by the Director General
Examiner
patent examiner
Patent application
application for a patent for an invention except in chapters 7 and 8, where “application” means an application for a utility model and an industrial design
Priority date
date of filing of the foreign application for the same invention referred to in Section 31 of this Act
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. (Sec. 7, R.A. No. 165a)
Patentable Inventions
An invention shall not be considered new if it forms part of a prior art
Novelty
Invention 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
Inventive Step
An invention that can be produced and used in any industry shall be industrially applicable
Industrial Applicability
The right to a patent belongs to the inventor, his heirs, or assigns. When two or more persons have jointly made an invention, the right to a patent shall belong to them jointly (Sec. 10, R.A. No. 165a)
Right to a Patent
If two (2) or more persons have made the
invention separately and independently of each other, the right to the patent shall belong to the person who filed an application for such invention, or where two or more applications are filed for the same invention, to the applicant who has the earliest filing date or, the earliest priority date. (3rd sentence, Sec. 10, R.A. No. 165a.)
First to File Rule
An application for patent filed by any
person who has previously applied for the same invention in another country which by treaty, convention, or law affords similar privileges to Filipino
citizens, shall be considered as filed as of the date of filing the foreign application:
Right of Priority
Patent Application
- request for the grant of patent
- description of the invention
- drawings necessary for the understanding off the invention
- one or more claims
- abstract
An applicant who is not a resident of the Philippines must appoint and maintain a resident agent or representative in the Philippines upon whom notice or process for judicial or administrative procedure relating to the application for patent or the patent may be served. (Sec. 11, R.A. No. 165a)
Appointment of Agent or Representative
The __ shall contain a petition for the grant of the patent, the name and other data of the applicant, the inventor and the agent and the title of the invention.
request
The application shall disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.
Disclosure
The Regulations shall prescribe the contents of the description and the order of presentation. (Sec. 14, R.A. No. 165a)
Description
The application shall contain one (1) or more __ which shall define the matter for which protection is sought. Each claim shall be clear and concise, and shall be supported by the description.
The Claims
The ___ shall consist of a concise summary of the disclosure of the invention as contained in the description, claims and drawings in preferably not more than one hundred fifty (150)
words.
abstract
The application shall relate to one invention only or to a group of
inventions forming a single general inventive concept.
Unity of Invention
The applicant shall, at the request of the Director, furnish him with the date and number of any application for a patent filed by him abroad, hereafter referred to as the “foreign application,” relating to the same or essentially the same invention as that claimed in the application filed with the Office and other documents relating to the foreign application. (n)
Information Concerning Corresponding Foreign Application for Patents
Contents of Patent
- name of the Republic of the Philippines under the seal of the Office
- signed by the Director
- description, claims and drawings
Term of Patent
20 years from the filing date of the application
change of patents
- limit the extent of the protection
- correct obvious mistakes or clerical errors
requirement of the petition
- shall be in writing
- verified by the petitioner or by any person in his behalf who knows the facts
- specify the grounds
- include statement of the facts
- filed with the office
who signed RA 8293 into law
President Fidel V. Ramos
when did RA 8293 become law
June 6, 1997
established from the moment of creation
copyright
legal protection extended to the owner of the rights in an original work
copyright
intellectual creation int he literary, scientific and artistic domain
original work
Photographic and audiovisual works
50 years from making or publication
Authorship (joint)
life of last living author + 50 years after his death
applied art
25 years from making
original and derivative works
life of author + 50 years after his death
scope of protection
- economic right
- economic exploitation
- licensable or freely transferrable
character and purpose of the use (whether use is for non-profit educational purposes or is of commercial nature)
fair use
U.S. law allows the reuse of copyright-protected material under certain circumstances without getting permission from the copyright owner
Fair Use
1st offense
- imprisonment of between 1 to 3 years
- 50,000 to 150,000 fine
2nd Offense
- 3 years and 1 day to 6 years
- 150,000 to 500,000 pesos
3rd Offense
- 6 years and 1 day to 9 years
- 500,000 to 1,500,000 pesos
a word, a group of words, sign, symbol, logo or a combination thereof that identifies
and differentiates the source of the goods or services of one entity from those of others.
trademark
TM symbol
trademark
R symbol
Registered trademark
protects a business’ brand identity in the marketplace. protected in perpetuity if regularly monitored and properly maintained
trademark
how long is the period of protection of trademark?
10 years from the date of issuance and is renewable for a period of ten years at a time
trademark registration
- name and address oof the applicant
- name of a state of which the applicant is a national or where he has domicile
- juridical entity, the law under which it is organized and existing
- appointment of an agent or representative, if the applicant is not domiciled in the Philippines
Types of trademark
- word mark
- figurative marks
- figurative mark with words
- 3d mark
- stamped of marked container of goods
- sound marks
- smell
- color
trademark protection
- exclusive products
- will lose protection if not used within 3 years from filing or it is invalid
- regularly monitored and properly maintained
- 10 year protection from the date of issuance and is renewable for a period of 10 years at a time
not generally known among or readily accessible
secret
ay confidential business information which provides an enterprise a competitive edge
trade secret
How to protect trade secrets?
- restriction in the no. of people
- confidentiality agreements
- digital data security tools
- restriction to area where trade secret is kept or held (vaults)
government-issued grant, bestowing an exclusive right to an inventor over a product or process that provides any technical solution to a problem in any field of human which is new, inventive, and industrially applicable
invention patent
