Elec4 Quiz 1 and 2

• INTELLECTUAL PROPERTY LAW
• References: LDM
• INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES

  • Republic Act No. 8293, as amended
  • Effectivity date: January 01, 1998
  • Agreement of Trade-Related Aspects of the Intellectual Property Rights (TRIPS) as ratified by the Philippine Senate on December 14, 1994
• APPLICABLE LAWS


  • Intellectual Property Code of the Philippines (RA 8293)
  • Universally Accessible Cheaper and Quality Medicines Act of 2008 (RA 9502)
  • RA 10372, Amending Organizational Structure of IPOPhil and provisions on Copyright (2013)
• STATE POLICY (1987 Constitution, Article XIV, Section 13)
• The State shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law


  Protected only for limited period as the main goal is to bring those intellectual creations and ideas to the public domain
• The State recognizes that an effective intellectual and industrial property system is

  • Vital to the development of domestic and creative activity
  • Facilitates transfer of technology
  • Attracts foreign investments
  • Ensures market access for our products
• APPLICABLE PRINCIPLES IN INTELLECTUAL PROPERTY

  • Reciprocity
  • National Treatment
  • Most-Favored-Nation Treatment
• National Treatment


  Protected in foreign countries like their citizens
• Most-Favored-Nation Treatment


  Most advantages state policy shall be favored
• Intellectual Property


  The legal rights which result from intellectual activities in the industrial, scientific, literary, and artistic fields
• Intellectual Property Covers


  • Inventions
  • Literary and artistic works
  • Designs
  • Symbols, names, and images used in commerce
• INTELLECTUAL PROPERTY CODE


  • Copyright and Related Rights
  • Trademarks and Service Marks
  • Geographic Indications
  • Industrial Designs
  • Patents
  • Layout-Designs (Topographies) of Integrated Circuits
  • Protection of Undisclosed Information
• Trademark


  Any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods
• Tradename


  The name or designation identifying or distinguishing an enterprise
• Copyright


  Confined to literary and artistic works which are original intellectual creations in the literary and artistic domain protected from the moment of their creation
• Only the expression of an idea is protected by copyright, not the idea itself
• Patent


  Right over patentable inventions
• 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
• SUMMARY OF DISTINCTIONS


  • Patent
  • Copyright
  • Trademark
• Subject Matter


  • Invention/Technical Solution of a problem which is new, involves an inventive step and is industrially applicable
  • Literary or artistic work which is an original intellectual creation
  • Any visible sign capable of distinguishing the goods or services of an enterprise (brand)
• Registration


  • IPOPhil, Bureau of Patents
  • No requirement. Optional at the National Library or IPOPhil
  • IPOPhil, Bureau of Trademarks
• Duration/Term


  • 20 years from filing or priority date
  • Generally, 50 years after the death of the author
  • 10 years, renewable indefinitely
• CLASSES OF PATENTABLE INVENTIONS


  • Useful machine
  • A product
  • Process
  • Improvement of a useful machine or a product or a machine
  • Microorganisms
  • Non-biological and microbiological process
• Patent


  The ultimate goal of a patent system is to bring new designs and technologies into the public domain through disclosure
• Ideas, once disclosed to the public without the protection of a valid patent, are subject to appropriation without significant restraint
• NON-PATENTABLE INVENTIONS


  • Discoveries, scientific theories, and mathematical methods
  • Schemes, rules, and methods of performing mental acts, playing games or doing business, and programs for computers
  • Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body. This provision shall not apply to products and composition for use in any of these methods
  • Plant varieties or animal breeds or essentially biological process for the production of plants or animals. This provision shall not apply to micro-organisms and non-biological and microbiological processes
  • Aesthetic creations
  • Anything which is contrary to public order or morality
  • Mere discovery of a new form or new property of a known substance which does not result in the enhancement of the known efficacy of that substance
  • Mere discovery of any new property or new use for a known substance
  • Mere use of a known process unless such known process results in a new product that employs at least one new reactant
• THREE-FOLD PURPOSE OF PATENT LAW


  • It seeks to foster and reward invention
  • It promotes disclosures of inventions to simulate further innovation and to permit the public to practice the invention once the patent expires
  • The stringent requirements for patent protection seek to ensure that ideas in the public domain remain there for the free use of the public
• REQUISITES


  • A technical solution of a problem in any field of human activity
  • It must be a novel invention
  • Industrially applicable
• Novelty


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


  • Everything which has been made available to the public anywhere in the world, before the filing date or the priority date of the application claiming the invention
  • The whole contents of an application for a patent, utility model, or industrial design registration, published in accordance with this Act, filed, or effective in the Philippines, with a filing or priority date that is earlier than the filing or priority date of the application
• CLASSES OF PRIOR ART


  • Everything that is already available to the public not only in the country but anywhere in the world before the filing date or priority date of the application claiming the invention
  • Those that are actually subject of application for patent registration
• First to File Rule


  If two (2) 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
• Doctrine of Right of Priority


  A patent filed by any person who has previously applied for the same invention in another country which by treaty, convention, or law affords similar privileges to Filipino citizens, shall be considered as filed as of the date of filing the foreign application
• Provided


  • The local application expressly claim priority
  • It is filed within twelve (12) months from the date the earliest foreign application was filed
  • A certified copy of the foreign application together with an English translation is filed within six (6) months from the date of filing in the Philippines
• FILING DATE AND PRIORITY DATE

  • Filing Date → date of receipt by the Office of at least the following elements: (a) An express/implicit indication that a Philippine patent is sought (b) Information identifying the applicant (c) Description of the invention and one (1) or more claims in Filipino or English
  • According a Filing Date → the office shall examine whether the patent application satisfies the requirements for the grant of date of filing
  • Right of Priority → an application for patent filed by any person who has previously for the same invention in another country which by treaty, convention, or law affords similar privileges to Filipino citizens, shall be considered as filed as of the date of filing the foreign application
• Doctrine of Prejudicial Disclosure


  The right to patent arises from application date
• Non-Prejudicial Disclosure


  If one has already disclosed or published his/her invention in a journal, demonstrated, sold, or discussed a particular invention in public, the inventor can still file a patent application within 12 months from the date of disclosure or publication
• Inventive Step


  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
• 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