PATENT

PATENT
An official license from the govt giving one person or business the right to make and sell a particular article and to prevent others from doing the same

PATENTABLE INVENTIONS
Any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable
REQUISTES (T-I-N-I)

1.) a technical solution of a problem in any field of human activity 2.) it involves an inventive step 3.) it must be a novel invention 4.) industrially applicable

DEFINITION OF TERMS 1.)NOVEL: which does not form part of the prior art 2.) INVENTIVE STEP: with regard to prior art, it is not obvious to a person skilled in the art at the time of the filling date or priority date of the application claiming the invention. 3.) PERSON SKILLED IN THE ART: presumed to be an ordinary practitioner aware of what was common general knowledge in the art at the relevant date 4.) INDUSTRIALLY APPLICABILITY: an invention that can be produced and used in any industry.

PURPOSE OF PATENT LAW FIRST: it seeks to foster and reward invention SECOND: it promotes disclosures of inventions to stimulate further innovation and to permit the public to practice the invention once the patent expires THIRD: it seeks to ensure that ideas in public domain remain there for free use of the public

TWO INTEREST OF THE PATENT LAW Encouragement of creation of new useful and nonobvious advances in technology and design Disclosure of the same

TERM 20 year guarantee of exclusive enjoyment but upon expiration of that period the knowledge insures to the people

CLASSES OF THE PATENTABLE INVENTIONS a. Useful machine b. Product c. Process d. Improvement a, b &c e. Micro-organism f. Non-biological and microbiological process

NON-PATENTABLE INVENTONS
a. Discoveries, scientific theories &mathematical method

b. Schemes, rules and methods acts, playing games or doing business and programs for computers c. Methods for treatment of human body or animal body by surgery or therapy AND Diagnostic methods practiced on the human or animal body d. Plant varieties or animal breads of essentially biological process for production of plants or animals e. Aesthetic creations f. Anything which is contrary to public order or morality

PERSON ENTITLED TO RIGHT

a. To inventor, his heirs or assigns

b. To two or more persoans have jointly made an invention (the right belongs to them jointly)
c. First to File Rule :in case of separately & independently to each other, person who first to file an application for such invention

d. Inventions created pursuant to commission

Inventions created pursuant to commission

Person who commission work shall own patent, unless otherwise provided in the contract HOWEVER, in case of Ee-Er Patent belongs to...
EE= if inventive activity in NOT part of his regular duties ER=if inventive results from performance of his regularly-assigned duties

PREJUDICAIL DISCLOSURE If the inventor discloses it, the world is free to copy and use it with impunity. Once disclosed to the public without protection of a valid patent are subject to appropriation NON-PREJUDICIAL DISCLOSURE 12 months before the filing date, if disclosure is made by; 1. Inventor himself 2. Patent office

INFRINGEMENT

Making, using, offering for sale, selling or importing a patented product or a product obtained directly or indirectly for a patented process
Use of a patented product/process withoutauthorization of the patentee

DOCTRINE OF EQUIVALENTS When a device appropriates a prior invention by incorporating its innovative concept, although with some modification and change, if it: 1. Performs substantially the same function 2. In substantially the same way 3. To achieve the substantially the same result Shall amount to infringement.

COMPULSORY LICENSING Director of Legal Affairs may grant a license to exploit a patented invention Grounds 1. National agency or other circumstances of extreme urgency 2. Where the public interest so requires 3. Where a judicial or administrative body has determined that the manner of exploitation by the owner or his license is anti-competitive 4. In case of public non-commercial use of the patent by the patentee, without satisfactory reason

DIVISIONAL APPLICATION When 2 or more inventions are claimed in a single application BUT are of such a nature that a single patent may not be issued for them THUS: required to divide To limit the claims to whichever invention he may elect.

GROUNDS FOR CANCELLATION

a. What is claimed an invention is not new nor patentable b. Patent does not disclose invention in a manner sufficiently clear &complete for it to be carried out by any person skilled in the art c. Patent is contrary to public order or morality

PATENT APPLICATION a. Request for the grant of a patent b. Description of the invention c. Drawings necessary for the understanding of the invention d. One or more claims e. An Abstract f. Identity of the inventor (or authority from the inventor) g. In Filipino or English

INDUSTRIALLY DESIGN Is any composition of lines or colors or any 3 dimensional form, whether or not associated with line or colors. TERM: 5 years from applications filing date Maybe renewed for not more than 2 consecutive periods of 5 years each.

UTILITY MODELS A technical solution to a problem in any field of human activity which is new and industrially applicable. No inventive step.
TERM: Shall be valid for 7 years.

LAY-OUT DESIGN Means the three-dimensional disposition of elements and of some or all of the interconnections of an integrated circuit, or such a 3 dimensional disposition prepared for an integrated circuit intended for manufacture. TERM: Shall be valid for 10 years.

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