TECHNOPRENEURSHIP

AUGUST 27, 2019

Chapter 2: Government Regulations

 What is high-tech industry?
 Idea generation and evaluation
 IPR, patents and Legal issues (2 online references:)
o https://www.wipo.int/designs/en/
o https://www.ipophil.gov.ph/
 Financing sources

SOURCE https://www.ipophil.gov.ph/
- Republic of the Philippines, Intellectual Property Office
- Intellectual Property Code
INTELLECTUAL PROPERTY (IP):
- IP “refers to creations of the mind: inventions; literary and artistic works; and symbols, names, and images used in
commerce.”
- IP system relates to rights and obligations, as well as privileges and incentives--all rooted from the creation and protection
of IP
 The system seeks to provide an environment in which everyone benefits from one’s creativity and innovation,
especially since IP is a tool for economic and socio-cultural development.
- IP Rights (IPR) as basic human rights involve “the right to benefit from the protection of moral and material interests resulting
from authorship of scientific, literary, or artistic productions.” (Art. 27, Universal Declaration of Human Rights). Meanwhile,
the 1987 Philippine Constitution mandates their protection “particularly when beneficial to the people”. (Art. XIV, Sec. 13)
- PROTECTION: Secure exclusive rights to your invention

WHY PROMOTE AND PROTECT IP?

- First, the progress and well-being of humanity rest on its capacity to create and invent new works in the areas of
technology and culture.
- Second, the legal protection of new creations encourages the commitment of additional resources for further innovation.
- Third, the promotion and protection of intellectual property spurs economic growth, creates new jobs and industries, and
enhances the quality and enjoyment of life. -WIPO Publication 450 (World Intellectual Property Organization)

WHAT IS PATENT?
- DEFINITION: An invention patent is a government-issued grant, bestowing an exclusive right to an inventor over a
product or process that provides any technical solution to a problem in any field of human activity which is new, inventive,
and industrially applicable.
- BENEFITS: A patent is an exclusive right that allows the inventor to exclude others from making, using, or selling the
product of his invention during the life of the patent. Patent owners may also give permission to, or license, other parties
to use their inventions on mutually agreed terms. Owners may also sell their invention rights to someone else, who then
becomes the new owner of the patent.
- ELIGIBILITY: The Intellectual Property Code of the Philippines sets three conditions for an invention to be deemed
patentable: it has to be new, involves an inventive step, and industrially applicable.
 In the IP Code, an invention is not considered new if it already forms part of the domain of prior art. Prior art is
explained in the Intellectual Property Code of the Philippines, Chapter 2, Section 24 - 24.2
 An invention involves an inventive step if, having regard to prior art, it is not obvious to a person skilled in the art
at the time of the filing date or priority date of the application claiming the invention. An invention that can be
produced and used in any industry is considered industrially applicable.
- TERMS OF CONDITION: The term of a patent shall be twenty (20) years from the filing date of the application. The
patent must be maintained yearly, starting from the 5th year.

PATENT MAINTENANCE (For patents filed under RA 8293 Current Law)

- invention patents are subject to maintenance fees or annual fees
- The annual fee shall be paid upon the expiration of four (4) years from the date the application was published.
- Payment of the annual fee may be made 3 months before the due date.
- If the annual fee is not paid, the patent application shall be deemed withdrawn
- DIFFERENCE: current law up to 20th year, old law under RA 165 up to 17th year only
- SMALL ENTITY Less than 100M worth of assets) 5th year fee 1,550 / 20th year fee 31,222.00
- BIG ENTITY more than 100M worth of assets) 5th year fee 3,240.00 / 20th year fee 65,160.00

ASSIGNMENT:
1. In enforcing IPRs, what government agencies are members of Republic of the Philippines, Intellectual Property Office?
a. What office act as chairman of these members?
b. What office act as vice-chairman of these members?
2. Aside from Patent, what are the types of Intellectual Property?
- Refer your answer from https://www.ipophil.gov.ph/
- Give its definition / distinction from the other types of IP, benefits, eligibility, and term of condition
- Give an example for each type of IP