Question & AnswerQ&A (IPO)
Any technical solution of a problem in any field of human activity which is new, involves an inventive step, and is industrially applicable shall be patentable (Rule 200).
An invention may be a useful machine, product, process or an improvement of these, microorganism, and non-biological and microbiological processes (Rule 201).
Excluded inventions include discoveries, scientific theories, mathematical methods; schemes, rules and methods of mental acts, business or games, and computer programs; methods for treatment of the human or animal body by surgery or therapy; plant varieties or animal breeds and essentially biological processes for their production; aesthetic creations; and inventions contrary to public order or morality (Rule 202).
An invention is not considered new if it forms part of the prior art, meaning that it was already publicly available or disclosed before the filing or priority date of the patent application (Rule 203).
Prior art includes everything made available to the public by written or oral disclosure, use or any other means before the filing or priority date, including published applications filed or effective in the Philippines before the filing or priority date, provided the applications are by different inventors (Rule 204).
The right to a patent belongs to the inventor, their heirs, or assigns. Where there are joint inventors, the right belongs to them jointly (Rule 300).
If two or more persons make the same invention independently, the right to the patent belongs to the person who first files the application. If applications have the same filing date, the patent is issued jointly (Rule 304).
A patent application shall contain a request for a patent, a description of the invention, necessary drawings, one or more claims, and an abstract (Rule 400).
A patent term is twenty (20) years from the filing date of the application (Rule 1100).
The first annual fee shall be due on the expiration of four years from the date the application is published, with payments allowed within three months before the due date (Rule 1101).
The patent shall lapse from the day following the deadline for payment of the annual fees. The lapse shall be published in the IPO Gazette and recorded accordingly (Rule 1103).
The local application must expressly claim priority, be filed within twelve months from the foreign filing date, and a certified copy of the foreign application with English translation must be filed within six months of filing in the Philippines (Rule 305).
The microorganism must be deposited in a depositary institution before filing, and details must be stated in the application or submitted within two months of examiners' request (Rule 408).
The application shall relate to one invention or a group forming a single general inventive concept; otherwise, the Director may require restriction to a single invention and allow divisional applications (Rule 604).
Yes, the patent owner with consent of all grantees/licensors may surrender the patent or claims for cancellation, subject to opposition and acceptance by the Office (Rule 1206).