Question & AnswerQ&A (Act No. 2793)
The main purpose is to establish the manner of securing patents for inventions or discoveries, granting exclusive rights to inventors under the conditions set by the Act.
Any person making a new discovery or invention in any branch of human activity not intended for unlawful purposes.
A discovery or invention is not deemed new if it was known or used in another country before, or if it was published or described in printed publications prior to the discovery or invention.
No, patents for inventions or discoveries made or manufactured in the Philippines shall not pay any tax, except for a sum of twenty pesos upon receiving the patent plus registration and publication fees.
The Bureau of Commerce and Industry, under the supervision of the Secretary of Commerce and Communications.
The application must comply with regulations, include a model or copy of the invention, and after meeting requisites, it is published for public objection.
The exclusive right lasts for seventeen years from and after the date of the application.
If it is not new, if a patent was previously issued for the same invention, or if the patent was obtained fraudulently.
A fine of up to two thousand pesos, imprisonment for not more than two years, or both, plus confiscation of falsified articles and liability for damages.
Yes, patents may be transferred by assignment, sale, exchange, or any conveyance of title, but must be recorded with the Bureau of Commerce and Industry to be valid against third parties.
The patent shall lapse or expire.
Any person may apply for a license for such additions or improvements, but must pay a premium to the original inventor determined by the Court, and the license is for a term not longer than the original patent.
The application filed later will be suspended until the earlier application is disposed of, with priority determined by the date and hour of filing.
Thirty days from the date of the last publication of the patent application notice.
Courts of First Instance have original jurisdiction over annulment or cancellation actions, with appeals to the Supreme Court.