Patents are the foundation of a
knowledge-based economy.
Paul Romer*
Patent Law in the Philippines: a summary introduction
The patent laws in the Philippines are governed by Republic Act No. 8293, also known as the Intellectual Property Code of the Philippines. The law grants a patent to an inventor for an invention that is new, inventive, and useful.
Patentable inventions
To be patentable, an invention must meet the following requirements:It must be new. This means that it must not have been known or used by others in the Philippines or anywhere else in the world before the filing date of the patent application.It must be inventive. This means that it must involve an inventive step, which is a step that would not be obvious to a person skilled in the art.It must be useful. This means that it must have a practical application.
Patent application
A patent application must be filed with the Intellectual Property Office of the Philippines (IPOPHL). The application must include a description of the invention, drawings, and claims. The claims are the most important part of the application because they define the scope of the patent protection.The IPOPHL will examine the patent application to determine if it meets the requirements for patentability. If the application is approved, the IPOPHL will issue a patent. The patent will be valid for 20 years from the filing date of the application.The owner of a patent has the exclusive right to make, use, offer for sale, sell, or import the patented invention. Anyone who infringes the patent owner's rights can be sued for damages.
Patent rules
A patent cannot be granted for an invention that is:a) A product of natureb) A scientific principlec) A mathematical formulad) A method of doing businesse) A literary, dramatic, musical, or artistic workf) A computer programA patent cannot also be granted for an invention that is:(i) Known or used by others in the Philippines or anywhere else in the world before the filing date of the patent application(ii) Obvious to a person skilled in the art(iii) Incapable of industrial application
Patent licensing
A patent can be assigned to another person.A patent can be licensed to another person.
*Paul Romer is an American economist and policy entrepreneur who is a University Professor in Economics at New York University. Romer is best known as the former Chief Economist of the World Bank and for co-receiving the 2018 Nobel Memorial Prize in Economic Sciences (shared with William Nordhaus) for his work in endogenous growth theory. He also coined the term "mathiness," which he describes as misuse of mathematics in economic research.Romer was born in Denver, Colorado, in 1955. He received his B.S. in mathematics from the University of Chicago in 1977, his M.A. in economics from the University of Chicago in 1978, and his Ph.D. in economics from the University of Chicago in 1983. After completing his Ph.D., Romer taught at the University of Chicago, the University of California, Berkeley, Stanford University's Graduate School of Business, and the University of Rochester. In 2011, he joined the faculty of New York University.
Lyman A Manzanares Esq
Patents and Trademarks Practice Group, Manzanares and Partners (Manila, Philippines)
Articles and Papers
Notable U.S. Patent ApplicationsLatest Philippine Jurisprudence and Issuances on Intellectual PropertyIP Implications of Midjourney, ChatGPT and BardEnforcement Actions in Intellectual PropertySpecial Patent Resources for Philippine CompaniesSpecial References for Foreign CompaniesSpeaking EngagementsInternational Patent Conferences
Practice Group
Patents, Trademarks and Intellectual Property
Lyman A Manzanares, Esq
Patents and Trademarks Practice Group, Manzanares and Partners (Manila, Philippines)