Question & AnswerQ&A (DOST Administrative Order No. 009)
The Protocol defines policies, strategies, and procedures for identifying, protecting, managing, and commercializing Intellectual Properties (IPs) and Intellectual Property Rights (IPRs) generated from government-funded R&D, and to undertake technology transfer activities.
Republic Act No. 10055, also known as the Philippine Technology Transfer Act of 2009, and its Implementing Rules and Regulations.
The TLO assists in patent searches, IP protection, licensing, transfer or commercialization negotiations, provides IP valuation, promotes IPs for commercialization, maintains IP databases, and manages IP revenues.
Researchers must submit to the RDI an intended R&D report including prior art or patent search results.
The RDI receives 60% and the researchers receive 40% of the revenues, subject to provisions in the Research Funding Agreement and laws like the Magna Carta for Scientists (RA 8439).
There must be acceptance or grant of patent (if patentable), completion proof of the R&D project, including technical reports, clinical trials, prototypes, and TRC reports.
It is used by researchers to promptly identify and disclose IP generated from government-funded R&D to the RDI, providing detailed information about the invention or technology.
No public disclosure that prejudices full protection of the IP should be made; if public disclosure occurs, a filing for IP protection must be made within 3 months from such disclosure.
The researcher must submit a letter of intent and a feasible business plan; the establishment is subject to securing a Fairness Opinion Report prior to incorporation and compliance with rules including RA 8439.
Disputes shall be amicably resolved through the alternative dispute resolution process of the RDI.
Issues on IPs/IPRs shall not impede expedient transfer or commercialization, as determined essential by the DOST Secretary to advance national and local interests.
Documents include letter of request, copies of licensing agreement or MOA, IP protection filing or certification, technical report, and official receipt of royalty payment.
The RDI-TRC monitors R&D projects, determines technologies/IPs generated, evaluates them for transfer or commercialization, and is comprised of researchers and experts.
It is a contract or agreement involving systematic transfer of knowledge for manufacture, application or service rendering, including sale, assignment or licensing of IPs/IPRs.
Researchers must identify and assign ownership and rights of generated IP to the RDI, maintain confidentiality, and agree on revenue sharing and protection of the IP.