Patent Law

Patent Law
Group 1 : Kyla Jet Inocian,Janlyn Mahinay, Nuvelyn Mosqueda,Shane Francine

Narvasa, Nina Quijano, Finni Jean Tajanlangit and Nicole Vargas
What is Patent Law? LAW ON PATENTS

What is this all about?
What are the three types of Chapter 1
patent? Chapter 2
Give a Real Life Example of
Patent Chapter 3 And 4
Three types of patent:
Utility patents, or patents for invention, issue legal

protection to people who invent a new and useful process
Design patents are patents issued for original, new, and
ornamental designs for manufactured products. Design
patents protect the design or look of something.
Plant patents go to anyone who produces, discovers, and
invest a new kind of plant capable of reproduction.
A real life example:

Patents provide an incentive for companies or individuals to
continue developing innovative products or services without the
fear of infringement. For example, large pharmaceutical
companies can spend billions of dollars on research and
development. Without patents, their drugs and medicines could
be duplicated and sold by companies that didn't research or
invest the needed capital for R&D.
CHAPTER 2 : PATENTABILITY
CHAPTER 1
SECTION 21. Patentable Inventions – Any technical solution of a problem in any field of human
GENERAL PROVISIONS activity which is new, involves an inventive step and is industrially applicable shall be patentable.
It may be, or may related to, a product, or process, or an improvement of any of the foregoing.
SEC. 20. Definition of Terms Used in Part II,
(Sec. 7, R.A. No. 165a)
The Law on Patents, - As used in Part II, the following terms SECTION 22. Non-patentable Inventions – The following shall be excluded from patent
shall have the following meaning: protection:
20.1. “Bureau” means the Bureau of Patents; 22.1. Discoveries, scientific theories and mathematical methods, and in the case of drugs and
20.2. “Director” means the Director of Patent; medicines, the mere discovery of a new form or new property of a known substance.
20.3. “Regulations” means the Rules of Practice in 22.2. Schemes, rules and methods of performing mental acts, playing games or doing business, and
Patent cases formulated by programs for computers;
22.3 Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods
the Director of Patents and promulgated by the Director General; practiced on the human or animal body.
20.4. “Examiner” means the patent examiner; 22.4. Plant varieties or animal breeds or essentially biological process for the production of plants or
20.5 “Patent application” or “application” means an application for animals.
a patent for an invention except in Chapter XII and XIII, 22.5. Aesthetic creations; and
where application means an application for a utility model and 22.6. Anything which is contrary to public order or morality. (Sec. 8, R.A. No. 165a)
SECTION 23. Novelty- An invention shall not be considered new if it forms part of a prior art. (Sec. 9, R.A.
an industrial design, respectively; and
No. 165a)
20.6. “Priority date” means the date of filing of the foreign application SECTION 24. Prior Art – Prior art shall consist of:
for the same invention referred to in Section 31 of this Act. (n) 24.1. Everything which has been made available to the public anywhere in the world,
24.2. The whole contents of an application for a patent, utility model, or industrial design registration,
published in accordance with this Act,
SECTION 25. Non-Prejudiced Disclosure. – 25.1. The disclosure of information contained in the
application during the twelve (12) months preceding the filing date or the priority date of the application
shall not prejudice the applicant on the ground of lack of novelty if such disclosure was made by:
(a) The inventor;
(b) A patent office and the information was contained
(a) in another application filed by the inventor and should not have been disclosed by the office, or
(b) in an application filed without the knowledge or consent of the inventor by a third party
CHAPTER 3 : RIGHT TO A PATENT
SEC.28. Right to a Patent. - The right to a patent belongs to the inventors, heirs, or
(c) A third party which obtained the information directly or assigns. (Sec 10, R.A. No. 165a)
indirectly from the inventor SEC.29. First to File Rule.- The right to the patent shall belong to the person who
SECTION 26. Inventive Step - 26.1 An invention involves an filed an application for such invention, to the applicant who has the earliest filing
inventive step if, having regard to prior art, it is not obvious to date or, the earliest priority date. (3rd sentence, Sec. 10, R. A. No. 165a. )
a person skilled in the art at the time of the filing date or SEC. 30. Inventions Created Pursuant to a Commission. -
priority date of the application claiming the invention. (n)
26.2 In the case of drugs and medicines, there is no 30.1. The person who commissions the work shall own the patent, unless otherwise
inventive step if the invention results from the mere discovery provided in the contract.
of a new form or new property of a known substance which 30.2. In case the employee made the invention in the course of his employment
does not result in the enhancement of the known efficacy of contract, the patent shall belong to :
that substance,
SECTION 27. Industrial Applicability – An invention that can (a)The employee, if the inventive activity is not a part of his regular duties even if
be produced and used in any industry shall be industrially
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 regular
applicable. (n.)
assigned duties, unless there is an agreement, express implied, to the contrary.

SEC.31. Right of Priority. - An application for patent filed by any person who has
previously applied for the same invention in another country.
(a) The local application expressly claims priority.
(b) It is filed within 12 months from the date the earliest foreign application was
filed
(c) a certified copy of the foreign application together with an English translation is
filed within 6 months from the date of filing in the Philippines.
Sec. 32: THE APPLICATION. The patent application shall Chapter 4
be in Filipino or English and shall contain the following:
A request for the grant of a patent
Patent Application
Sec. 34. THE REQUEST
The request 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.

A description of the invention
Sec. 35. DISCLOSURE AND DESCRIPTION OF THE
INVENTION
Disclosure – The application shall disclose the invention in a
manner sufficiently clear and complete for it to be carried out by
a person skilled in art.
Description – The Regulations shall prescribe the contents of
the description and order of presentation. (Sec 14, R.A. NO.
165 a)
Title of the Invention
A brief statement of its nature and purpose
A brief explanation of the drawings
A complete and detailed description of the invention in such full,
clear, concise and exact terms

Drawing necessary for the understanding of the invention
The applicant for a patent is required to furnish a drawing of the invention
where necessary for the understanding of the subject matter sought to be
patented.
Chapter 4

One or more claim Patent Application
Sec. 36. THE CLAIMS
The application shall contain one (1) or more claims which shall define the
matter for which protection is sought. Each claim shall be clear and concise,
and shall be supported by the description.

An Abstract
Sec. 37. THE ABSTRACT
The abstract 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.

Sec. 33. APPOINTMENT OF THE AGENT OR REPRESENTATIVE
Any person filling an application for patent who is not a resident of the
Philippines must appoint an agent or representative in the Philippines upon
who notice or process relating to the application for patent may be served.

Sec. 38. UNITY OF INVENTION
Requires that the claims of a patent application must relate to a single
invention, or to a group of inventions linked by a “single general inventive
concept”.
Sec. 39. INFORMATION CONCERNING CORRESPONDING FOREIGN
APPLICATION
The applicant must provide the date and number of any patent application
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, as well as any other documents relating to
the foreign application, upon the Director's request.

“Necessity
“ is
the mother-
in-law of
patents.”
-John Alejandro King

Patent Law

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Patent Law

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Patent Law

Group 1 : Kyla Jet Inocian,Janlyn Mahinay, Nuvelyn Mosqueda,Shane Francine

What is Patent Law? LAW ON PATENTS

Utility patents, or patents for invention, issue legal

A real life example:

-John Alejandro King

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