Patent Law Overview Quiz

Patentability

• Patents incentivize innovation, disseminate knowledge, and prevent claims on existing ideas.
• Patentable inventions require novelty, an inventive step, and industrial applicability.

Patentable Inventions

• Novelty means the invention isn't part of prior art.
• An inventive step means the invention isn't obvious to a skilled professional in the field.
• Industrial applicability means the invention can be produced and used in any industry.

Non-Patentable Inventions

• Discoveries, scientific theories, mathematical methods, schemes, and computer programs for acts.
• Methods of treating the human or animal body through surgery, diagnosis, or therapy.
• Plants and animals, their varieties, or essentially biological processes for their production.
• Aesthetic creations.
• Anything against public order or morality.

Right to a Patent

• If two or more people jointly invent, the patent belongs to them jointly.
• If two or more people independently invent, the patent belongs to whoever filed the application first.
• Inventions developed through a commission belong to the person who commissioned them unless the contract states otherwise.
• Employee inventions developed during employment belong to the employee except in contract stipulations or if the invention was related to their regular work duties.

Patent Application

• Any person, natural or juridical (except prohibited entities) can apply for a patent.
• If the applicant is not the inventor, proof of authority is required.
• The legal entity applying must be recognized by law for its separate legal personality.
• In cases of death, insanity, or incapacitation, a legally designated representative can file for the application.
• The application must be in Filipino or English and include a request, description, and drawings of the invention.
• Resident agents or representatives must be appointed outside the Philippines for applications.

Patent Application (continued)

• A working model may be required for demonstration and clearer understanding of operation.
• A plant visit/inspection may be requested if a working model isn't possible.
• Claims must define the invention, be clear, supported by description, and distinctly claim the parts of the invention.
• One or more claims, depending on the complexity, can be filed, covering related ideas if appropriate.
• Claims must be supported by the provided description.
• Abstract summarizing the description, claims, and drawings should not be over 150 words.

Patent Application (continued)

• The invention should relate to ONE invention only, or a group with a singular inventive concept.
• The application must identify the inventor.
• The application relating to a foreign patent should be provided.
• Applications must fulfil formal rules within a specific timeframe.
• Applications will be published after specified time.
• Publication is followed by a search for prior art (existing patents and knowledge).

Patent Application (continued)

• Observations and comments from third parties can be filed in the application's record.
• A request for substantive examination must be made within 6 months of publication.
• Amendments are permitted but cannot introduce new matter.
• Final requirements of application and fees must be paid on time—failure to comply leads to withdrawal.
• The grant of a patent is dependent upon meeting all requirements and timely fees.
• Applications are considered withdrawn if requirements are not met.
• Patents are granted in the name of the Philippines.
• The patent covers the 20 years following its application.

Annual Fees

• The application requires annual fees to be paid to maintain the patent until expiration of four (4) years, and each subsequent anniversary of the date.
• Annual fees must be paid within a grace period of 3 months before due date to maintain the patent. Without payment, the application will be considered withdrawn.

Patent Surrender

• Patent owners can surrender their patent and claims, with the consent of all affected parties, for cancellation.
• The office will consider opposition to the surrender.
• The patent ceases to have any legal effect after the acceptance of surrender.

Correction of Mistakes

• The director can correct mistakes in the application or patent records when clearly disclosed.
• Corrections should be made without charge.
• Corrections should not result in a broadening of the patent.

Changes in Patents

• The owner of a patent has the right to request changes in the patent.
• Changes are permitted to: (i) Narrow the extent of protection; (ii) rectify obvious errors; and (iii) correct (in good faith) errors that don't broaden the patent.
• Requests must be supported and not result in expanding patent claims already presented in the original application.
• Changes should be publicized in the IPO Gazette, after which the patent records reflect changes to the document.

Cancellation of Patents

• A patent can be cancelled if it doesn't satisfy claims requirements or isn't novel.
• The cancellation must be initiated with a verified petition by a concerned party.
• The petition must clearly state the grounds, facts, supporting documents, and translations if necessary.

Cancellation of Patents (continued)

• Cancellations must follow the IPO's required procedures, and specific criteria.
• The director can assign a committee to judge complex cases.
• Following the cancellation of a patent, the rights are terminated.
• A notice of cancellation is published in the official Gazette.

Remedies of Persons Who Don't Hold the Right to a Patent

• A party not holding the patent rights but involved in it may seek to take over the application or launch a new patent application.
• If someone is declared as the true inventor because of fraud, the court can order the wrongful inventor's replacement or, alternatively, invalidate the patent.

Remedies of Persons With the Right To a Patent

• If a party is prejudiced by an infringement of a patent, they can bring a civil action in a court with jurisdiction.
• If damages are indeterminate, the court may assess a reasonable royalty as compensation.
• Damages may be assessed beyond the amount of damages or, to appropriately address cases relating to materials or goods, they can be disposed of outside commerce.

Remedies of Persons With the Right To a Patent (continued)

• Limitations on damages recovery include time limits (4 years before action begins).
• Defenses to a claim for infringement might include the invalidity of the patent or another claim in the application.
• If the court invalidates a patent, or a part, the director of legal affairs will have to record the decision in the register and publish it in the official Gazette.

Utility Models

• Utility models are a form of intellectual property protection with a shorter term.
• They protect minor inventions or incremental improvements.
• Compared with patents, they have reduced examination and are typically faster to obtain.

Industrial Design and Layout Designs

• Industrial Designs are compositions of lines, colors, or three-dimensional forms that create a distinctive appearance to a product or handicraft.
• Integrated Circuits describe elements, including active ones, with interconnections intended for electronic function.
• Layout designs, or topographies, include the positioning of elements and interconnections within an integrated circuit.

Test your knowledge on the fundamentals of patent law with this quiz. Explore concepts such as the requisites for patentable inventions and the characteristics of utility models. Understand the rights associated with patents and identify non-patentable inventions.