Intellectual Property Law - Patent (20 years) Flashcards
Definition of Patent
it is a grant issued by the government through the Intellectual Property Office of the Philippines (IP Philippines). It is an exclusive right granted for a product, process or an improvement of a product or process which is new, inventive and useful. This exclusive right gives the inventor the right to exclude others from making, using, or selling the product of his invention during the life of the patent.
Monopoly granted to an Inventor but in exchange of disclosure. Dapat idisclose nya or ipalawanag nya yung patent nya (claim). At available dapat sa public
monopoly meaning
the exclusive possession or control of the supply of or trade in a commodity or service
Please Provide 3 kinds of Patents and its requisites para maging patent
- Invention Patent (common at ito ang focus); Must be Novelty(new), INVENTIVE Step, Industrial Applicability (naapply sa totoong buhay)
- Design Patent (Industrial Design): Novelty and Ornamentality
- Utility Model: Novelty and Industrial Applicability
Inventive step - a test that ensures that the novel feature of an invention is not trivial and adds a useful technical effect. This could be thought of as ensuring that the invention is ‘clever’ and adds something to the field of technology
Definition of Utility Model
It is a protection option, which is designed to protect innovations that are not sufficiently inventive to meet the inventive threshold required for standard patents application. It may be any useful machine, implement, tools, products, composition, process, improvement or part of the same, that is of practical utility, novelty and industrial applicability. It is entitled to seven (7) years of protection from the date of filing, with no possibility
of renewal.
Definition of Industrial Design
It is any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors; provided that such composition or form gives a special appearance to and can serve as pattern for an industrial product or handicraft. It shall be valid for five (5) years from the filing date of the application. It may be renewed for not more than two (2) consecutive period of five (5) years each, by paying the renewal fee.
Term of patent
A patent has a term of protection of twenty (20) years providing an inventor significant commercial gain. In return, the patent owner shares the full description of the invention. This information is made available to the public in the form of Intellectual Property Office Gazette and can be utilized as basis of future research and will in turn promote innovation and development.
Requisites of Patentable Inventions
✓ It must be a technical solution to a problem in any field of human activity. It may be, or may be relative to, a product, or process, or an improvement of any of the foregoing.
✓ (Novelty) It must be new. An invention shall not be
considered new if it forms part of a prior art.
✓ (Inventive Step) It must involve an inventive step
✓ (Industrial Applicability) It must be industrially applicable
Non-Patentable Inventions
- Discoveries, scientific theories and mathematical methods.
- Schemes, rules and methods of performing mental acts,
playing games or doing business, and programs for
computers. - 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.
- Plant varieties or animal breeds or essentially biological process for the production of plants or animals. This provision
shall not apply to microorganisms and non-biological and microbiological processes. Provisions under this subsection shall not preclude Congress to consider the enactment of a law providing sui generis protection of plant varieties and animal breeds and a system of community intellectual rights protection. - Aesthetic creations.
- Anything which is contrary to public order or morality.
✓ First to File Rule
First to File Rule – 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 persons 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.
✓ Right of Priority
an application for patient filed by any
person who has previously applied for the same invention in another country which by treaty, convention, or laws affords similar privileges to Filipino citizens, shall be considered as filed of the date of filing the foreign application. Provided, that: a, the local application expressly claims priority: b, it is filed within twelve (12) months from the date the earliest foreign application was filed: and c, a certified copy of the foreign application together with an English translation is filed within six (6)
months from the date of filing in the Philippines.
Pag na file mona sa ibang bansa, tas nag file ka ulit dito sa pinas. Yung date of filing as yung date mo parin sa foreign country
✓ Right to Patent
the right to a patent belongs to the inventor, his heirs or assigns. When two (2) or more persons have jointly made an invention, the right to a patent shall belong to them jointly.
✓ Inventions Created Pursuant to a Commission.
- In case the employee made the invention in the course of his employment contract, the patent shall belong to:
✓ Inventions Created Pursuant to a Commission. The
person who commissions the work shall own the patent, unless otherwise provided in the contract.
- In case the employee made the invention in the course of his employment contract, the patent shall belong to:
✓ The employee, if the inventive activity is not a part
of his regular duties even if the employee uses the
time, facilities and materials of the employer.
✓ The employer, if the invention is the result of the
performance of his regularly-assigned duties, unless there is an agreement, express or implied, to the contrary.
same lang sa copyright
o Patent Infringement
refers to the unauthorized making, using, offering for sale or selling any patented invention or products of the patented invention without consent from the patent holder.
o 2 Tests of Patent Infringement
- Literal Infringement
- Doctrine of equivalent infringement
o 2 Tests of Patent Infringement
Explain * Literal Infringement
“Literal” na pagbebenta o panggagago:
a. Exactness Rule - the item that is being sold, made or used CONFORMS (same) EXACTLY to the patent claim of another (yung nagrereklamo).
b. Addition Rule - one makes, uses or sells an item that has all the elements of the patent claim of another PLUS other elements
