Intellectual Property

• First-to-file system


  According to R.A. 165, it's about the one who first-to-file system
• Republic Act 8293
• Patent


  An exclusive right granted to an inventor by a state to its invention to prohibit other from making, selling, or using the invention for a period of time
• Invention


  • Must be new, involve an inventive step and capable of industrial application
• Patent protection


  The invention grants a year for 20 years of protection, non-renewable
• Patent numbering system


  Number of patents, Year, Your number of file year (e.g. 1-2024-000535)
• Necessity is the source of invention
• Invention


  A technical solution to a problem
• Innovation


  Translation of invention into a marketable product or process
• Patent publication process


  1. Notice of publication

  2. Publish on e-gazette for patenting

  3. Substantive examination

  4. Second publication

  5. Granted of Invention
• Patentable invention


  Products, Processes, Computer-related inventions, Improvements
• Novelty


  • An invention shall not be considered new if it forms part of a prior art
• Equivalence


  • A strict identity test is required to be applied in assessing novelty. A single prior art reference must disclose each and every element of a claimed invention in order to destroy novelty
• Inventive step


  • An Invention involves an inventive step if having regard to a prior art, it is not obvious to a "person skilled in the art" at the time of filing date or priority date of the application claiming the invention
• Person Having Ordinary skills in the Art

  The person having ordinary skills in the art is presumed to be an ordinary practitioner aware of what is common general knowledge in the art at the relevant date
• Industrial Applicability


  • An invention that can be produced and used in any industry shall be industrially applicable, not just theoretically possible
• Utility Model


  Called pety patent "small invention", defined as "any model of implements that do not possess the quality of invention but is of practical utility", similar to a patent product but the novelty and inventive step is not applicable, 7 year of protection without the possibility of renewal, no substantive examination
• Utility Model to Patent - Not possible, Patent to Utility Model - Possible
• Types of IP Rights

  • Utility Model
  • Patent
  • Industrial Design
  • Trademark
  • Copyright
  • Trade Secret
• Industrial Design


  Refers to the ornamental or aesthetic aspects of an article, as distinguished from its utilitarian features
• Protectable Industrial Design


  • Designs which are new and original. Novelty means the design is not identical or does not create a similar overall impression on an informed user compared to existing designs. Originality means the design originated from the creator and not a mere commonplace or stale design
• Industrial Design Registration


  Grants a registrant exclusive right to prevent others from making, importing, selling, or using the design without authorization for a period of 10 years, renewable for another 5 years
• Trademark


  A distinctive sign, including a word, symbol, device, or combination of these, used to identify and distinguish the goods or services of one party from those of others
• Protectable Trademark


  • Any mark that is visually perceptible and capable of distinguishing the goods or services of an applicant from those of other enterprises. It cannot be descriptive of the product itself or be generic
• Trademark Registration


  Grants a registrant exclusive right to use the mark for the registered goods or services for 10 years, renewable for subsequent periods of 10 years
• Types of Trademarks


  • Wordmark (name)
  • Figurative mark (figures)
  • Composite mark (combination)
• Trademarks not allowed


  • Logo of the the philippines
  • Face of deceased
  • Identically confusing similar
  • Likely to mislead the public
  • Exclusively or sign that are generic
  • Customary or usual design
  • Sign or indications
  • Contrary to public order or morality
• Copyright


  Protects original works of authorship, including literary, artistic, and scientific works
• Protectable Copyright


  • Original works that express the author's creativity in a tangible form
• Copyright Rights


  Exclusive rights to reproduce, adapt, distribute, publicly display, or perform the copyrighted work. These rights generally last for the life of the author plus 50 years after death
• Copyright ownership is governed by Section 178 of the Intellectual Property Code of the Philippines
• Section 185 of the Intellectual Property Code lists four factors to determine if there was fair use of a copyrighted work
• Trade Secret


  Information that is not generally known or readily ascertainable by legitimate means and that provides a competitive advantage to its owner
• Protectable Trade Secret


  • Information that derives value from its secrecy and has been subject to reasonable measures to maintain its confidentiality
• Locarno Classification


  An international system used for the classification of industrial designs, established by the Locarno Agreement in 1968
• Nice Classification


  An international system used for the classification of goods and services applied for the registration of marks, established by the Nice Agreement in 1957
• The author of a work has automatic rights from the moment it's created
• Copyright is the exclusive right to reproduce, distribute, perform or display an original work.
• A trademark is any word, name, symbol, device, or combination thereof adopted and used by a manufacturer or merchant to identify his/her goods and distinguish them from those manufactured or sold by others.
• Utility patent protects new and useful processes, machines, manufactures, compositions of matter, or improvements on existing products.