Question & AnswerQ&A (Act No. 2235)
The main purpose of Act No. 2235 is to provide for the registration of patents and patent rights in the Philippine Islands and to protect the same under Philippine jurisdiction by extending protection to patents issued by the United States Patent Office.
Owners of patents, including design patents, which have been or may be issued and duly registered in the United States Patent Office under U.S. patent laws are entitled to protection in the Philippine Islands under Act No. 2235.
The owner must forward a certified copy of their patent along with a letter of transmittal to the chief of the division of archives, patents, copyrights, and trade-marks of the Executive Bureau, requesting that the copy be filed for reference.
Yes, a fee of two pesos shall be charged for filing each such certified copy of a patent.
The party guilty of patent infringement shall be subject to the liabilities created and imposed by the laws of the United States relating to patent matters.
Yes. A power of attorney from the patent owner authorizing another person to file the certified copy on behalf of the owner must be filed with the certified copy to invoke protection under the law.
Assignments of patents must be filed in the same manner as certified copies of patents, following the procedures stated in the Act.
The Courts of First Instance of the Philippine Islands have original jurisdiction, and the Supreme Court of the Philippine Islands has appellate jurisdiction to hear and determine any questions arising under this Act.
Yes. The rights of property in patents and trademarks secured under Spanish laws shall be respected in the Philippine Islands as if those laws were still in full force and effect.
Act No. 2235 became effective from and after its passage date, February 10, 1913.