QuestionsQuestions (IPO)
It must be (1) new, (2) involve an inventive step, and (3) be industrially applicable, applied to any technical solution of a problem in any field of human activity.
An invention may be or may relate to: (a) a useful machine, (b) a product, (c) a process or an improvement of any of the foregoing, (d) microorganism, and (e) non-biological and microbiological processes.
Excluded are: discoveries, scientific theories and mathematical methods; schemes/rules/methods of mental acts, playing games or doing business, and computer programs; methods of treatment of the human or animal body (surgery/therapy) and diagnostic methods (but products/compositions for use in those methods are not excluded); plant varieties/animal breeds or essentially biological processes for producing plants/animals (but microorganisms and non-biological/microbiological processes are not excluded); aesthetic creations; and anything contrary to public order or morality.
An invention is not considered new if it forms part of the prior art.
Prior art includes disclosures made available to the public before the filing/priority date (by written/oral disclosure, use, or any other way). It also includes the whole contents of earlier patent/utility model/industrial design applications published under Sec. 44 with an earlier filing/priority date—subject to the stated conditions (e.g., applicant/inventor not being the same in the two applications).
Disclosure within 12 months before filing/priority will not prejudice novelty if it was made by the inventor (including someone who had the right to the patent at filing), or by a foreign patent office/Bureau/Office in certain contexts, or by a third party who obtained the information directly or indirectly from the inventor.
It exists if, having regard to prior art, the invention is not obvious to a person skilled in the art at the time of the filing/priority date.
A presumed ordinary practitioner aware of common general knowledge at the relevant date; presumed to know sufficiently related references and reasonably pertinent arts, and presumed to have normal routine work and experimentation means and capacity.
An invention is industrially applicable if it can be produced and used in any industry.
The right belongs to the inventor, his heirs, or assigns. If two or more persons jointly made an invention, the right belongs to them jointly.
If the inventive activity is not part of the employee’s regular duties (even if time/facilities/materials are used), the patent belongs to the employee. If it results from performance of the employee’s regularly assigned duties, the patent belongs to the employer unless an agreement says otherwise.
If two or more persons independently made the same invention, the right belongs to the person who filed first; if multiple applications are filed, the earliest filing date or earliest priority date applicant prevails.
Local application must (a) expressly claim priority, (b) be filed within 12 months from the earliest foreign filing, and (c) file a certified copy of the foreign application with an English translation within 6 months from Philippine filing; extension of the 6-month period may be granted for good cause or treaty compliance.
A request for grant of patent; description of the invention; drawings necessary for understanding; one or more claims; and an abstract.
Filing fee, search fee, and publication fee (1st publication) must be paid within one month after filing; otherwise the application is deemed forfeited for non-payment.
Filing date is the date the Office received: (a) an express/implicit indication that a Philippine patent is sought, (b) information identifying the applicant, and (c) a description of the invention and one or more claims; if drawings relate to the invention, the application is not complete for filing date purposes unless drawings are included.
If drawings were filed after the filing date, references to drawings are deemed deleted unless the applicant requests within two months a new filing date when drawings were filed. If drawings were missing, the applicant is required to file them within two months; otherwise references to them are deemed deleted, and a new filing date is accorded based on when drawings are filed.
The application must relate to one invention only or to a group of inventions forming a single general inventive concept. If not, the Director may require restriction to a single invention and divisional applications may be required under the rules stated.
After publication of the application, any person may present observations in writing concerning patentability; these are communicated to the applicant and acknowledged in the application file.
Unless within six months from the date of publication, a written request for substantive examination is filed and fees are paid on time; otherwise the application is deemed withdrawn.