Law on Patents (Procedures) Flashcards
Who has the right to a patent?
SECTION 28. Right to a 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. (Sec. 10, R.A. No. 165a)
What is the first to file rule?
SECTION 29. 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 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)
Who owns the patent when the work is commissioned?
SECTION 30. Inventions Created Pursuant to a Commission. ‑ 30.1. The person who commissions the work shall own the patent, unless otherwise provided in the contract.
Who owns the patent when an employee made an invention in the course of his employment contract?
30.2. In case the employee made the invention in the course of his employment contract, the patent shall belong to:
(a) 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.
(b) 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
What are the contents of the application?
SECTION 32. The Application. ‑ 32.1. The patent application shall be in Filipino or English and shall contain the following:
(a) A request for the grant of a patent;
(b) A description of the invention;
(c) Drawings necessary for the understanding of the invention;
(d) One or more claims; and
(e) An abstract.
True or False. No patent may be granted unless the application identifies the inventor.
TRUE. If the applicant is not the inventor, the Office may require him to submit said authority
What if the applicant is not a resident of the Philippines?
SECTION 33. Appointment of Agent or Representative. ‑ 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.
What is the rule on publication of patents?
SECTION 44. Publication of Patent Application. ‑ 44.1. The patent application shall be published in the IPO Gazette together with a search document established by or on behalf of the Office citing any documents that reflect prior art, after the expiration of eighteen (18) months from the filing date or priority date.
When may the applicant exercise all the rights of a patentee under Section 76 against any person who, without his authorization, exercised any of the rights conferred under Section 71 of this Act in relation to the invention claimed in the published patent application,
46.1. Actual knowledge that the invention that he was using was the subject matter of a published application; or
46.2. Received written notice that the invention that he was using was the subject matter of a published application being identified in the said notice by its serial number: Provided, That the action may not be filed until after the grant of a patent on the published application and within four (4) years from the commission of the acts complained of.
True or False. If the required fees for grant and printing are not paid in due time, the application shall be deemed to be withdrawn.
True
True or False. The final order of refusal of the examiner to grant the patent shall be appealable to the Court of Appeals in accordance with this Act.
False. The final order of refusal of the examiner to grant the patent shall be appealable to the Director in accordance with this Act.
What is the term of the patent?
SECTION 54. Term of Patent. ‑ The term of a patent shall be twenty (20) years from the filing date of the application. (Sec. 21, R.A. No. 165a)
May an applicant still amend his application?
SECTION 49. Amendment of Application. ‑ An applicant may amend the patent application during examination: Provided, That such amendment shall not include new matter outside the scope of the disclosure contained in the application as filed.
When shall a patent take effect?
50.3. A patent shall take effect on the date of the publication of the grant of the patent in the IPO Gazette
What are the grounds for cancellation of a patent?
SECTION 61. Cancellation of Patents. ‑ 61.1. Any interested person may, upon payment of the required fee, petition to cancel the patent or any claim thereof, or parts of the claim, on any of the following grounds:
(a) That what is claimed as the invention is not new or patentable;
(b) That the patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by any person skilled in the art; or
(c) That the patent is contrary to public order or morality.
