2024 IPR 313
PATENT
B Y J E R O M E D I Z O N
N E X T
LAW FIRM
WHAT IS PATENT?
A patent is an exclusive right that allows the inventor to
exclude others from making, using, or selling the
product of his invention during the life of the patent.
Patent owners may also give permission to, or license,
other parties to use their inventions on mutually agreed
terms. Owners may also sell their invention rights to
someone else, who then becomes the new owner of the
patent.
N E X T
IPR 313
BASIC PATENT PRINCIPLES
TERITORIALITY FIRST-TO- FILE DISCLOSURE CONDITIONAL
PATENT WILL ONLY APPLICANT WILL FILE APPLICANT SHALL PATENTS ARE ONLY
VALID IN THE FIRST WILL GET THE DISCLOSED THE UPON COMPLIANCE
COUNTRY OR REGION PATENT INVENTION IN A WITH THE CRITERIA OF
IN WHICH THEY HAVE MANNER PATENTIBILITY
BEEN GRANTED SUFFICIENTLY
COMPLETE AND CLEAR
INTELECTUAL PROPERY RIGHTS
N E X T
INTELECTUAL PROPERTY
IPR 313 RIGHTS
PATENTABLE INVENTIONS
ANY TECHNICAL SOLUTION OF A PROBLEM IN ANY FEILD OF HUMAN ACTIVITY
WHICH IS NEW, INVOLVES AN INVENTIVE STEP AND IS INDUSTRIALLY APPLICABLE
. IT MAY BE, OR MAY RELATE TO, A PRODUCT OR PROCESS, OR AN IMPROVEMENT
OF ANY OF FOREGOING. (Sec. 21, IPC)
N E X T
Criteria for patentability
1. Novelty- An invention shall not be considered new if it
forms part of a prior art
2. Inventive Step- if, having regard to prior art, it is not
obvious to a person skilled in the art at the time of filing
date or priority date of the application claiming the
invention.
3. Industrially applicable- An invention that can be
produce and use in any industry. This means an invention
is not merely theoretical, but also has practical purpose.
N E X T
LAW FIRM
Prior art
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
The whole contents of an earlier published Philippine application or application with earlier
priority date of a different inventor.
N E X T
Rule: when a work has already been made available to the public, it
shall be non-patentable for absence of novelty
Exeption: Doctrine of Non- Prejudicial Disclosure
the inventor;
a patent office and the information was contained:
a. In another application filed by the inventor and should
.have not have been disclosed by the office, or
b. In an application filed without the knowledge or consent
the inventor by a third party which obtained the information
directly or indirectly from the inventor;
A thrid party who obtained the information diretly from the
inventor (IPC, Sec. 25)
N E X T
Test of Non Obviousness
If any person possessing ordinary skill in the art was able to draw the
inferences and he constructs that the supposed inventor drew from prior
art, then the latter did not really invent it
Person skilled in art-ordinary practitioner (fictional person)
a. has access ad understanding of all the prior art
b. aware of common general knowledge in the specific art
c. observes development in the related technical field- could be a team;
not have inventive ability
N E X T Intellectual Property Right
Non- patentable inventions
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 processes;
aesthetic creations;
discoveries, scientific theories and mathematical methods;
schemes, rules and methods of performing morality (IPC as
amended by R.A 9502, Sec. 22)
methods for treatment of human and animal body; and
in the case of drugs and medicines, mere discovery of a new
form or new property of a known substance which does not
result in the enhancement of the efficacy of that substance
N E X T
PATENT REGISTRATION
The procedure for the grant of patent may be summarized as
follows:
1. Filing of the application
2. Accordance of filing date
3. Formality examination
4. Classification and Search
5. Publication of application
6. Substantive examination
7. Grant of Patent
8. Publication upon grant
9. Issurance of certificate
N E X T
PATENTAPPLICATION
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 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
N E X T
PATENT REGISTRATION
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 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
N E X T
NOTE: PATENT APPLICATION BY PERSONS
NOT HAVING THE RIGHT TO A PATENT
if a person other than the applicant is declared final court order or
decision as having the right to a patent, he may within 3 months
after such decisions has become final:
1. Procecute the application as his own
2. File a new patent application
3. Request the application to be refused; or
4. Seek cancellation of the patent (IPC, sec. 67.1)
Time to file action: within 1 year from the date of publication
N E X T
REFERENCE
https://www.ipophil.gov.ph/what-is-intellectual-property/
https://www.ipophil.gov.ph/patent/
https://www.youtube.com/watch?v=5dtMcSgbYuE&t=3942s
N E X T
THANK YOU
