Intellectual Property Code part 2

Lecture by Atty. Gepty

PATENTS

General Principles

The primary purpose of the patent system is not the reward of the individual but the advancement of
the arts and sciences. The function of a patent is to add to the sum of useful knowledge and one of
the purposes of the patent system is to encourage dissemination of information concerning
discoveries and inventions. (Manzano vs CA, GR. No. 113388, 05 September 1997)

The patent law has a three fold purpose:

1. Patent law seeks to foster and reward invention;

2. It promotes disclosure of inventions to stimulate further innovation and to permit the public to
practice the invention once the patent expires; and
3. The stringent requirements for patent protection seek to ensure that ideas in the public
domain remain there for the free use of the public. (Pearl & Dean vs Shoemart, GR. No.
148222, 15 August 2003)

Notes:
- Patent means obvious. The patent system requires that if there is any invention, whether it is
a patentable invention, utility model, or an industrial design, you have to make it obvious, you
have to disclose it.
- The notion that you would always hear from inventors, they have this feeling of reluctance, to
in a way share what they have invented, for fear that the said invention will be copied. But
precisely the purpose of the patent system is to encourage the investors to seek protection
by disclosing the said invention. The protection is only for a limited period of time. It is a two-
way process: you will disclose your invention and the government will have to give you
protection for a limited period of time depending whether it is a patentable invention, utility
model or an industrial design.

Basic Principles:

1. Territorial – patent should be registered in the jurisdiction to be protected.

2. Exclusive – patents grant the holder the right to exclude others from making, using, selling,
offering for sale or importing products or process. This is a monopoly but no obligation to
commercialize invention.

3. Disclosure – the need for publication and disclosure. It must be sufficient so that it can be
carried out by the person skilled in the art.

4. Limited Rights – rights granted are subject to limitations, e.g. public policy, public health

5. Conditional – patent rights subject to compliance with criteria and conditions both prior to
and subsequent to grant.

6. First to File Rule – priority in right is the first person/applicant who filed an application subject
to principle of bad faith.