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Patent Law
Patent Law
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.”