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- SOUTH AFRICA
COUNTRY : REPUBLIC OF PHILIPPNES
CAPITAL : MANILA
LANGUAGE : FILIPINO & ENGLISH
The Philippines Intellectual Property office is known as the Intellectual Property Office of Philippines (IPOPHL)
INTERNATIONAL TREATIES TO WHICH PHILIPPINES IS SIGNATORY
- Paris Convention for the protection of industrial property
- Patent Co-operation Treaty – PCT.
- Agreement on Trade Related Aspects of Intellectual Property Rights –TRIPS.
- Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the purposes of Patent Procedure.
PATENT LEGISLATION IN PHILIPPINES:
Philippines follows a combination of Common Law & Civil Law system.
Patents in the Philippines are governed by the IP code of 1998 by the Republic Act No. 8293 and are granted by the Philippines Intellectual Property Office.
BASICS REGARDING PATENTABILITY OF INVENTIONS IN PHILIPPINES:
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
- Are New or Novel
- Involve an inventive step
- Comprise of a process or an Industrial application of the invention. For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of the patent application.
(ii). Inventive Step: An invention is said to contain an inventive step if for ‘a man skilled in the art it does not yield results in an obvious way from the state of the art’.
(iii). Industrial Application: of the invention would be ‘when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture’.
INVENTIONS NOT PATENTABLE IN PHILIPPINES:
Inventions pertaining to the following:
- Discoveries, Scientific Theories & Mathematical methods.
- Aesthetic creations.
- Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
- Programmes for Computers.
- Inventions contrary to public order & morals.
- Methods of treatment by surgery or therapy on humans and animals.
- Prejudicial to the Interests or Security of the Nation.
- Naturally occurring micro organisms and there components, animals, plants, extracts from animals, plants.
PartityPatents Law Firms through its associates in Philippines is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN PHILIPPINES:
- Name & Address of the applicant.
- Name & Address of the Inventor.
- Specification comprising a description claims & drawings if any.
- Priority Data if any.
- Background of the Invention.
- Abstract of the Disclosure.
- Summary of the Invention.
- Detailed description.
- Request for the grant of the patent.
- Simple PoA without legalisation and notarisation
EXAMINATION OF THE PATENT APPLICATION IN PHILIPPINES:
- Once the application is filed, the application is scrutinised for defence & security aspects.
- Upon receipt of the patent application, it is scrutinised to check its compliance with all the requisites.
- Applicant to comply with formalities and requisites within a prescribed period of time, else, patent application is considered withdrawn.
- The application is then published for inspection by third parties
- Applicant to request substantive examination within a stipulated period of time.
- Applicant may amend, correct, the patent application within stipulated period of time without changing the essence of the application.
- Patent application in compliance and in conformity with all the requisites and no objection, opposition forth coming is granted patent protection.
RIGHTS OF THE PATENTEE IN PHILIPPINES:
Patents with a term of 20 yrs.
Utility Models with a term of 7 yrs.
- Patents confer on holders and successors exclusive rights to work the invention.
- Patents confer to its holders or his successors an exclusive right to work the invention.
- Patentee may authorise such uses of the patent through a contractual agreement with interested parties so as to import, rent out, deliver or sell the product patent .
- Patentee may authorise the working of the patent either by a manufacturer or by an importer.
- Patentee may even assign, lease or licence the patent.
- Patentee is entitled to take legal action against infringers.
COMPULSORY LICENCES OF PATENTS IN PHILIPPINES:
Compulsory licenses are granted only after the petitioner has exerted efforts to obtain a license from the patentee on reasonable commercial terms and conditions but, such efforts have not been successful within a reasonable period of time.
Compulsory licences are granted on the following 2 grounds:
1. Specific Grounds:
(i). A national emergency or other circumstances of extreme urgency occurs;
(ii). Public interest, in particular, national security, nutrition, health or the development of other vital sectors of the national economy as determined by the appropriate agency of the government, so requires;
(iii). A judicial or administrative body has determined that the manner of exploitation by the Patentee is anti-competitive;
(iv). Patentee has not devoted the invention to public commercial use without satisfactory reason;
(v). The patented invention is not being worked in the Philippines on a commercial scale, although capable of being worked, without satisfactory reason.
2. Interdependence: If the invention protected by a later patent cannot be worked without infringing a prior patent, a compulsory license may be granted to the patentee of the later patent to the extent necessary for the working of the invention.
GOVERNMENT USE: In extreme & exceptional circumstances, the government can compulsorily acquire rights to work a patent:
(i). When there is a national emergency or when the public interest, in particular national security, nutrition, health or development of other vital sectors of the national economy as determined by the government .
(ii). When a judicial or relevant authority has determined that the manner of exploitation by the patentee or licensee is anti-competitive.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Philippines, can assist you comprehensively with Compulsory Licence matters.