1. The concept of patents was something I learned tonight.

It must be a novel invention that involves an

inventive step and has industrial application in order for the patent to be registered. In addition, I
discovered that patents are territorial, meaning that if an inventor wants his invention to be protected in
a number of different nations or regions, he must file for a patent in each of those nations or regions.

I learned that the right to a patent belongs to the inventor, his heirs, or assigns. When two or more
persons have jointly made an invention, the right to a patent shall belong to them jointly. Moreover, If
two or more persons have made the invention separately and independently of each other, the right to
the patent shall belong to the person who filed an application for such invention, or where two or more
applications are filed for the same invention, to the applicant who has the earliest filing date or, the
earliest priority date.

Lastly, I finally now know that If a person, who was deprived of the patent without his consent or
through fraud, is declared by final court order or decision to be the true and actual inventor, the court
shall order for his substitution as patentee, or at the option of the true inventor, cancel the patent, and
award actual and other damages in his favor, if warranted by the circumstances.

QUIZ.

1. WHAT IS A PATENT?

ANSWER: Patent is statutory grant which confers to an inventor or his legal successor, in return for the
disclosure of the invention to the public, the right for a limited period of time to exclude others from
making, using, selling, or importing the invention within the territory of the country that grants the
patent.

2. Cite those cases when the Government can use the Patented inventions?

ANSWER:

A Government agency or third person authorized by the Government may exploit the invention even
without agreement of the patent owner where:

1. The public interest, in particular, national security, nutrition, health or the development of other
sectors, as determined by the appropriate agency of the government, so requires; [Sec. 74.1(a), RA
8293]

2. A judicial or administrative body has determined that the manner of exploitation, by the owner of
the patent or his licensee, is anti-competitive; [Sec. 74.1(b), RA 8293]

3. In the case of drugs and medicines, there is a national emergency or other circumstance of extreme
urgency requiring the use of the invention; [Sec. 74.1(c), RA 8293 as amended by RA 9502]
4. In the case of drugs and medicines, there is public non-commercial use of the patent by the
patentee, without satisfactory reason; [Sec. 74.1(d), RA 8293 as amended by RA 9502]

5. In the case of drugs and medicines, the demand for the patented article in the Philippines is not
being met to an adequate extent and on reasonable terms, as determined by the Secretary of the
Department of Health. [Sec. 74.1(e), RA 8293, as amended by RA 9502

3. WHAT IS FIRST-TO-FILE RULE?

ANSWER: First-to-file rule is when two or more persons have made the invention separately and
independently of each other, the right to the patent shall belong to the person who filed an
application for such invention, or where two or more applications are filed for the same invention, to
the applicant who has the earliest filing date or, the earliest priority date. [Sec. 29, RA 8293]

4. WHAT ARE THE GROUNDS FOR CANCELLATION OF PATENT?

ANNSWER:

Any interested person may petition to cancel the patent or any claim thereof, or parts of the claim, on
any of the following grounds:

1. That what is claimed as the invention is not new or patentable;

2. That the patent does not disclose the invention in a manner sufficiently clear and complete for it to
be carried out by any person skilled in the art; or

3. That the patent is contrary to public order or morality. [Sec. 61.1, RA 8293]

Where the grounds for cancellation relate to some of the claims or parts of the claim, cancellation
may be effected to such extent only. [Sec. 61.2, RA 8293]

5. WHAT IS THE REMEDY OF THE RUE ANDACTUAL INVENTOR IN CASE DEPRIVED OF THE HIS PATENT?

ANSWER:

If a person, who was deprived of the patent without his consent or through fraud, is declared by final
court order or decision to be the true and actual inventor, the court shall:

(1) Order for his substitution as patentee, or

(2) At the option of the true inventor, cancel the patent, and

(3) Award actual and other damages in his favor, if warranted by the circumstances. [Sec. 68, RA 8293]

The action shall be filed within 1 year from the date of publication made in accordance with Sections
44 and 51, respectively. [Sec. 70, RA 8293]