Intellectual Property Code of the Philippines - Patents

Flashcards about the Intellectual Property Code of the Philippines, specifically Republic Act No. 8293, focusing on patents. The flashcards cover the internal control system, stakeholders' duties, and the basics, relevance, categories, patentability, and infringement relating to patents.

What does the internal control system and risk management framework include?

Strengthening the internal control system and enterprise risk management framework while cultivating a synergic relationship with shareholders by promoting shareholder rights.

What are the duties of stakeholders?

Respecting rights of stakeholders and effective redress for violation of stakeholder's rights; encouraging employees' participation; and encouraging sustainability and social responsibility.

What is the constitutional mandate regarding intellectual property, pursuant to Section 13, Article XIV of the Constitution?

To protect and secure the exclusive rights of scientists, investors, artists, and other gifted citizens to their intellectual property and creations.

What are the coverage of intellectual property rights?

Copyright and related rights, trademarks and service marks, geographic indications, industrial designs, patents, layout designs (topographies) of integrated circuits, and protection of undisclosed information.

Why is a patent granted?

To provide rights and protection to the inventor and to prevent unauthorized persons from unjustly profiting from a protected invention.

What is a patent?

Any technical solution of a problem in any field of human activity that is new, involves an inventive step, and is industrially applicable.

What is the primary purpose of the patent system?

Advancement of the arts and sciences by adding to the sum of useful knowledge and encouraging dissemination of information concerning discoveries and inventions.

What are the categories covered by patents?

Invention, Utility Model, and Industrial Design.

What is the term of protection for a patent invention?

20 years

What is the term of protection for a utility model invention?

7 years

What is the term of protection for an industrial design invention?

5 years, renewable twice

To whom does the right to a patent belong?

The inventor, his or her heirs, or assigns.

What is the criteria for a patentable invention?

Patentable if it is any technical solution of a problem in any field of human activity which is new, involves an inventive step, and is industrially applicable.

What rights does a product patent confer?

The right to make, use, sell, and import the product.

What rights does a process patent confer?

The right to restrain, prevent, or prohibit any unauthorized person or entity from using the process.

What are some examples of non-patentable inventions?

Plant varieties or animal breeds, aesthetic creations, discoveries, scientific theories and mathematical methods, schemes, rules and methods of performing mental acts, public order, methods for treatment of the human or animal body and new form or new property of a known subtance.

When shall an invention NOT be considered new?

It forms part of a prior art.

What is the length of time of non-prejudicial disclosure that is allowed?

12 months

What qualifies as 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.

What does one mean by industrial applicability?

Can be produced and used in any industry.

What happens if 2+ people made the invention separately and independently of each other?

Belongs to the person who filed an application for such invention.

In general, who owns the patent to commissioned work?

The person who commissions the work shall own the patent, unless otherwise provided in the contract.

When does a patent take effect?

The date of the publication of the grant of the patent in the IPO Gazette.

What are the grounds for cancellation of a patent?

If the invention is not new or patentable; ff the patent does not disclose the invention; if there is a contrary to public order or morality; if patent is found invalid or patent includes matters outside the scope of the disclosure.

What is the time period for an action to be considered?

The action shall be filed within one (1) year from the date of publication made in accordance with Sections 44 and 51.

In general, what rights are conferred by a patent?

The right to restrain, prohibit, and prevent any unauthorized person or entity from making, using, offering for sale, selling, or importing the product in case of product or the right to restrain, prohibit, and prevent any unauthorized person or entity from manufacturing, dealing in, using, offering for sale, selling, or importing any product obtained directly or indirectly from such process in case of process.

What are the limitations of patent rights?

Using a patented product after it has been put on the market in the Philippines, acts done privately, exclusively for experimental use, acts for regulatory approval or invention used in any ship vessel.

What constitutes patent infringement?

Making, using, offering for sale, selling, or importing a patented product or a product obtained directly or indirectly from a patented process, or the use of a patented process without the authorization of the patentee.

What is contributory infringement?

Anyone who actively induces the infringement of a patent.

What test is used for the doctrine of equivalents?

The function-means-and-result test.

How is the the extent of protection conferred by the patent be determined?

The claims, which are to be interpreted in the light of description and drawings.

When a literal infringement is used, what action must be had?

Resort must first be had to the words of the claim.

What is the prescriptive period for a criminal action with infringment?

The action prescribes in three (3) years from the commission of the crime.

Regarding doctrine of equivalents, what account is to be taken?

Account shall be taken of elements which are equivalent to the elements expressed in the claims.

What is another name for doctrine of file wrapper estoppel?

The prosecution history.

What can an owner of a patent bring civil action for?

To recover from infringer the damages sustained by the former, plus attorney's fees and other litigation expenses, and to secure an injunction for the protection of his or her rights.

What are the defenses one can raise in an action for infringement?

The invalidity of the patent, any of the grounds for cancellation of patents and prescription.

What is protected in the same way as the rights of other property under the Civil Code?

Patent rights or applications for patents and invention to which they relate.