Adamson University

College of Engineering
Mechanical Engineering Department

LAW ON PATENT
ME LAW, ETHICS, CODES AND STANDARDS
MTWTHF / 7:00-9:00
OZ101-A

Submitted by:
#03 Briones, Brian Austin C.

Submitted to:
Dr. Walter A. Joaquin
 What is Law on Patent or Patent Law?
Patent law is the branch of intellectual property law that deals with new
inventions. In other words, a patent is an exclusive right to a product or a process
that generally provides a new way of doing something, or offers a new technical
solution to a problem. To get a patent, technical information about the invention
must be disclosed to the public in a patent application.
The patent owner may give permission to, or license, other parties to use the
invention on mutually agreed terms. The owner may also sell the right to the
invention to someone else, who will then become the new owner of the patent.
Once a patent expires, the protection ends, and an invention enters the public
domain; that is, anyone can commercially exploit the invention without infringing
the patent.

What are the types of Patents?

Invention
An invention must be a technical solution to issues in any field of human
activity. It may come in may forms such as a product, a device, a machine, or a
process. The invention must meet the following criteria in order to be considered
as a patentable invention the solution:
 The solution must be new
 The solution must have an innovative step
 The solution must be industrially useful
Utility Model
Similar to a patent, a utility model is a technical solution to issues present in
any field of human activity. Utility models must also meet the criteria needed for
inventions to be patentable. Furthermore, Utility models must be of practical utility
through its form, configuration or composition. Novel tools, and products are
common examples of objects that can be considered as utility models.
Industrial Design
An industrial design gives a product or handicraft a distinct look. It may be
2-Dimensional, 3-Dimensional or a combination of both.

What does it mean to "license a patent" and why it is done?

Licensing a patent simply means that the patent owner grants permission to
another individual/organization to make, use, sell etc. his/her patented invention.
This takes place according to agreed terms and conditions (for example, defining
the amount and type of payment to be made by the licensee to the licensor), for a
defined purpose, in a defined territory, and for an agreed period of time.
A patent owner may grant a license to a third party for many reasons. The patent
owner may not have the necessary manufacturing facilities, for example, and
therefore opts to allow others to make and sell his/her patented invention in return
for “royalty” payments. Alternatively, a patent owner may have manufacturing
facilities, but they may not be large enough to cover market demand. In this case,
he/she may be interested in licensing the patent to another manufacturer in order to
benefit from another income stream. Another possible situation is one in which the
patent owner wishes to concentrate on one geographic market; therefore the patent
owner may choose to grant a license to another individual/organization, with
interests in other geographical markets. Entering into a licensing agreement can
help to build a mutually-beneficial business relationship.
What kinds of inventions can be protected?
Patents may be granted for inventions in any field of technology, from an
everyday kitchen utensil to a nanotechnology chip. An invention can be a product
– such as a chemical compound, or a process, for example – or a process for
producing a specific chemical compound. Many products in fact contain a number
of inventions. For example, a laptop computer can involve hundreds of inventions,
working together.

What are the procedure for grant of patent?

The filing date of a patent application shall be the date of receipt by the
Office of at least the following elements:
(a) An express or implicit indication that a Philippine patent is sought;
(b) Information identifying the applicant; and
(c) Description of the invention and one (1) or more claims in Filipino or English.
If any of these elements is not submitted within the period set by the Regulations,
the application shall be considered withdrawn.

What are the reasons why some patents are being cancelled?
Any interested person may, upon payment of the required fee, petition to
cancel the patent or any claim thereof, or parts of the claim, on any of the
following grounds:
(a) That what is claimed as the invention is not new or patentable;
(b) That the patent does not disclose the invention in a manner sufficiently clear
and complete for it to be carried out by any person skilled in the art; or
(c) That the patent is contrary to public order or morality.
Can you discuss details of you invention with a potential investor before filing
a patent application?
It is important to file a patent application before publicly disclosing the
details of an invention. In general, any invention which is made public before an
application is filed would be considered “ prior art ". If disclosing your invention
before filing a patent application is unavoidable – for example, to a potential
investor or a business partner – then any disclosure should be accompanied by a
confidentiality or non-disclosure agreement. It should also be kept in mind that
applying early for patent protection will generally be helpful when seeking
financial support to commercialize an invention.

What happens if you don't patent your inventions?

If you don’t patent your invention, competitors may well take advantage of
it. If the product is successful, many other competitor firms will be tempted to
make the same product by using your invention without needing to ask for your
permission. Larger enterprises may take advantage of economies of scale to
produce the product more cheaply and compete at a more favorable market price.
This may considerably reduce your company’s market share for that product. Even
small competing enterprises may be able to produce the same product, and often
sell it at a lower price as they would not have to recoup the original research and
development costs incurred by your company.
Sources:
1.) http://www.chanrobles.com/legal7patents.htm#.WuCKBohuZPZ
2.) http://www.ipophil.gov.ph/services/patents/about-patents
3.) http://www.wipo.int/patents/en/faq_patents.html