The Law on Patent

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The Law on Patents
Republic Act No. 165

Patent Office
* Created under the supervision of the Department of Justice, where all records, books, drawings, specifications and other papers and things pertaining to patents shall be safely kept and preserved. * Shall be under the direction of a Director who shall have an assistant known to be as Assistant Director and both shall be appointed by the President with the consent of the Commission on Appointments of the Congress of the Philippines * Shall have a seal with which patents and other papers issued by it shall be authenticated.

Patent
* a grant issued by the Philippine Government giving an inventor or their assignee exclude all other s from making, using or selling invention within the Philippines. Term of patent
* For inventions, term is 20 years, 5 years for design and 7 for utility model.

Patentability
Inventions may be
a. Machines – a concrete thing, consisting of parts or of certain devices and combinations of devices. b. Manufactures – the production of articles for use from raw or prepared materials by giving to these materials new forms, qualities, properties or combinations, whether by hand labor or by machinery. c. compositions of matter – a composition of two or more substances or a composite article, whether it be the result of chemical union, or of mechanical mixture, or whether it be a gas, fluid, powder, or solid.

An invention shall not be considered new or capable of being patented if: * It was known or used by others in the Philippines before the invention thereof by the inventor named in an application for patent for the invention. * It was patented or described in any printed publication in the Philippines or in any country more than one year before the application * It had been in public used or on sale in the Philippines for more than a year before the application * If it is subject matter of a validly issued patent in the Philippines granted on an application filed

Criteria for patent
1. Novelty – newness such that the invention has never before been available to the public nor has ever formed. 2. Inventive step – the intellectual leap beyond the confines of an existing artifice 3. Industrial applicability – the usefulness of an invention in any industry

Non-patentable Inventions
1. Discoveries, scientific theories and mathematical methods 2. Schemes, rules and methods of performing mental acts, playing games or doing business 3. Program for computers
4. Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body. (this criterion excludes the products and composition for use in any of these methods.) 5. Plant varieties or animal breeds or essentially biological process for the production of plant and animals. (This excludes micro-organisms and non-biological and microbiological processes.) 6. Aesthetic creations

7. Anything that is contrary to public order and morality.

Right to Patent
The right to patent belongs to:
1. The true and actual inventor
2. His heirs
3. Legal representatives
4. If two or more have an invention jointly, the right to the patent belongs to them jointly

Other cases:
* First –to –File Rule
If two or more persons have made the invention separately and independently of each other, the right to patent shall belong to the person who filed the application first. (Earliest Priority Date) * Non-residents Case (Foreigner)

Any person filing an application for patent who is not a resident of the Philippines must appoint an agent or representative in the Philippines upon whom notice or process relating to the application for patent may be served

Application for Patent

Application for patent may be filed by the inventor, his heirs, or legal representative or assignee. Application should:
* Be in national language with...
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