QuestionsQuestions (Act No. 2793)
Any person who makes a new discovery or invention in any branch of human activity not intended for unlawful purposes is entitled to the exclusive privilege of making, using, vending, and authorizing others to do so, subject to the Act.
A discovery/invention is not deemed new if (a) it was known or used in another country before the invention/discovery, or (b) it was published or described in printed publications in this country or any foreign country prior to the invention/discovery.
They pay no tax. The patentee pays only Php 20 upon receiving the patent, plus the fees established in Section 33 for registration and the expenses of publishing the application.
A tax of Php 20 per annum during the life of the patent, and on the date of its issue.
Yes. The inventor must state in the application that the Government of the Philippine Islands or its officers/employees may use the patent in executing government work without payment to the inventor; this condition is set forth on the letters patent.
A discovery/invention patented in another country may also be patented under Act No. 2793 if the inventor/discoverer has a legal representative in the Philippines. If the patent is registered in the United States Patent Office, Act No. 2235 governs until January 1, 1920.
Action on applications with a posterior date is suspended until the first-filed application is disposed of; priority is determined by the date and hour of filing in the Patent Office.
All patents issue in the name of the Government of the Philippine Islands, under the Bureau seal, signed by the Director or authorized person, and must contain a concise and clear description of the invention/discovery and the grant to the inventor, including the term of exclusive rights in the Philippines.
It receives applications; examines and determines whether to issue the patent; keeps records of letters patent issued with their invention descriptions; and keeps a public list of all patented inventions/discoveries open for public inspection during office hours.
The Director may consult public officers and technical men/scientists in government employ regarding pending applications. Public officers must furnish information, answer inquiries, and render service related to the Bureau’s powers/functions.
If requirements are met, the application is published in two consecutive issues of the Official Gazette and in two widely read newspapers (one Spanish, one English) for six consecutive days, plus a notice inviting objections to be filed within a non-extendible 30-day period after the last publication. If an objection is filed, the applicant must reply within 10 days, and the Director decides as soon as possible after the reply.
It shall be published in two consecutive issues of the Official Gazette.
A person may apply for a license for additions/perfections for a period not greater than that granted for the original patent, paying 50% of the fees in Sections 4 and 21 (and also the Section 4 tax if applicable). However, the person is not entitled to exclusive privilege for the addition/perfection without first paying a premium to the original inventor determined by the Court of First Instance.
Patents may be transferred by assignment, sale, exchange, or other conveyance of title, but no assignment/sale/exchange/conveyance is valid against a third party unless recorded in the proper register of the Bureau of Commerce and Industry.
Rights transmit to legitimate heirs. If none, they pass to the Government, which may either exploit the invention itself or sell it to private individuals/corporations.
A patent is null and void if: (a) it is not for a new discovery/invention; (b) a patent was previously issued for the same invention/discovery; or (c) the patent holder obtained possession of another’s invention fraudulently.
It lapses upon: (a) termination of 17 years from the date of application; (b) if five years after issuance the invention/discovery has not yet been put to profit; or (c) if the tax for two consecutive years (under Section 4’s foreign-manufacture paragraph) has not been paid.
They are brought at the domicile of the plaintiff or defendant at the option of the former, prosecuted like ordinary actions, with Courts of First Instance having original jurisdiction and appeal to the Supreme Court. The action for annulment prescribes five years from the date of issue of the patent.