Patents Laws in Philippines
Here’s an overview of Patent Laws in the Philippines:
🔹 Legal Framework
The main law governing patents in the Philippines is Republic Act No. 8293, also known as the Intellectual Property Code of the Philippines (1997).
The Intellectual Property Office of the Philippines (IPOPHL) is the government agency responsible for administering patents.
The Philippines is a member of several international treaties and agreements related to IP.
🔹 Types of Patents
Invention Patents
Protection term: 20 years from the filing date.
Utility Model Patents
Protection term: 7 years from the filing date.
Industrial Designs (separately protected).
🔹 Patentability Requirements
To be patentable, an invention must:
Be new.
Involve an inventive step.
Be industrial applicable.
🔹 Non-Patentable Inventions
Discoveries, scientific theories, and mathematical methods.
Aesthetic creations.
Schemes, rules, or methods for performing mental acts, games, or business.
Computer programs as such.
Methods of treatment of humans or animals.
Plant and animal varieties or essentially biological processes.
Inventions contrary to public order or morality.
🔹 Application Process
Patent applications are filed with IPOPHL.
Requirements include the request form, description, claims, abstract, and drawings.
Applications undergo formal examination and substantive examination.
Applications are published 18 months after filing.
Third parties can file oppositions within a certain period after publication.
🔹 International Treaties
The Philippines is a member of:
Paris Convention
Patent Cooperation Treaty (PCT)
World Trade Organization (WTO) — TRIPS Agreement
WIPO (World Intellectual Property Organization)
🔹 Enforcement
Patent holders may enforce their rights through civil courts.
Remedies include injunctions, damages, and seizure or destruction of infringing goods.
Criminal penalties apply for willful infringement.
🔹 Maintenance and Renewal
Annual maintenance fees are required starting from the 4th year after filing.
Failure to pay leads to patent lapse.
The patent term is 20 years from the filing date.
RELATED Blog
0 comments