Ancero, John Mark M.

October 16, 2018

2015-00449 PS 197

“LEAP IP: An Introduction to Invention Patents”

The forum entitled “LEAP IP: An Introduction to Invention Patents” started with an
introduction to what Intellectual Property is. Intellectual Property is the creation of the mind and
isis enshrined and protected in the Constitution, therefore the state has the obligation to protect
such creations. Intellectual Property owners are also given the right to exclude or include other
persons or corporations in reproducing, selling, or using of their works. There are different
creations that the Intellectual Property Code of the Philippines can protect: Trademarks, Copyright,
Patent, Utility Models, Industrial Designs, Trade Secrets, and Geographical Indications.

The first topic to be discussed was the Trademarks. These are visible designs that are used
to distinguish the goods and services of an individual or corporation. To apply, and individual or
corporation must submit a Declaration of Actual Use (DAU) within 3 years from filing date, 5
years from registration date, and 1 year from date of renewal. Trademark is also renewable every
10 years. Marks can range from words to three dimensional figures, excluding scandalous and
immoral marks. Flags, signatures, coat of arms, generic and customary words could not be
registered for trademark as well.

The second topic was the introduction to copyright. Copyright is a protection given to an
individual, upon creation, of a literary and artistic work. The protection offered is lifetime plus 50
years after death. Utility models are creation that are industrially applicable and new, but did not
meet the criteria of being an inventive step. It is protected for 7 years, but, just like patent, is non-
renewable. Industrial Design is a protection for the ornamental and aesthetic features of a
manufactured product without regards to its functions. It is protected for 5 years and is renewable
for two consecutive years of 5 years each. Trade Secrets are any information that are kept in secret,
because it gives an enterprise an edge from its competitors. This may include manufacturing,
industrial or commercial issues. Geographical Indications seek to protect products originating from
a specific region. It consists the place of the place it originates from, and become the symbol of
quality and reputation.
 Lastly, and this is the main topic of the seminar, the patent. Patents are given to any object
that seeks to provide technical solution to any problem in the field of human activity. But, the
invention needs to be new, involves an inventive step, and is industrially applicable. The protection
lasts up to 20 years, but is non-renewable. The protection is only limited to 20 years to provide for
any technological development or advancement that may be done by other researchers. This is in
line with their assumptions that not every invention should provide a completely new solution,
sometimes the best inventions are just improvements of the previous inventions. Patent can be
applied by either natural person or juridical person.

Patent is granted after the petitioner has submitted all the necessary forms and has duly
complied with all the necessary preconditions of a patent. The inventions wished to be patented
should be of practical use; it must show an element of “novelty”; and the invention must show an
inventive step that could not be deduced by a person with average knowledge of the technical field.
Inventions that could be patented includes: machines, devices, an article of manufacture,
composition of matter, a microorganism, method of use, method of manufacturing, computer-
related inventions, and an improvement of the foregoing.

After the granting of the patent, owners have the right to decide who may or may not use
his or her inventions for usage or reproduction. Owners may be open to negotiate to other parties
on the usage of the invention, or the owner could just sell the patent to a party that could be the
new owner of the patent.

Patents are necessary because it provide incentives to individuals by duly recognizing their
ability and potential when it comes to producing inventions that could help the society. Patents
could also be the way in which technological advancement could flourish because of the
competitiveness in the arena. It encourages innovation, and in turn could enhance the total quality
of life.