Question & AnswerQ&A (Republic Act No. 165)
The Patent Office, created under the Department of Justice, is responsible for keeping and preserving records, books, drawings, specifications, and other papers pertaining to patents, and for regulating the issuance of patents.
The Director and Assistant Director are appointed by the President of the Philippines with the consent of the Commission on Appointments and hold office during good behavior.
Any new and useful machine, manufactured product or substance, process, or an improvement of any of these is patentable.
Inventions that are contrary to public order, morals, health or welfare; mere ideas, scientific principles, abstract theorems not embodied in an invention; or processes not directed to making or improving a commercial product are not patentable.
The true and actual inventor, his heirs, legal representatives, or assigns may file for a patent. If there are joint inventors, the right belongs to them jointly.
The application must be in English, Spanish, or the national language with English translation, signed by the applicant, and include a specification, drawings if applicable, power of attorney (if through an attorney), assignment documents or proof of title, sworn statement of inventorship, appointment of resident agent if applicable, and payment of the required fee.
A patent lasts for seventeen years from the date it is issued, unless it ceases due to nonpayment of annual fees or cancellation according to the Act.
A notice of nonpayment is published. The patentee has six months from publication to pay the fee plus surcharge. Failure to pay may lead to lapsing of the patent, which can be reinstated within two years upon payment and satisfactory proof of excusable nonpayment.
Compulsory licenses may be granted if the patented invention is not worked commercially in the Philippines, if demand is not met adequately, if refusal to grant licenses restrains trade or industry, or if the invention is necessary for public health or safety.
The patentee has the exclusive right to make, use, and sell the patented invention throughout the Philippines for the term of the patent; unauthorized use constitutes infringement.
Use of the invention for experimental, research, or instructional purposes without profit; and temporary use in vessels, aircraft, or vehicles entering the Philippines exclusively for their needs do not constitute infringement.
The patentee can file a civil action to recover damages, seek injunctions, and if damages are hard to determine, reasonable royalties can be awarded. Criminal penalties can also apply for repeated infringement.
Any person falsely marking products as patented or design registered faces a fine of not less than one year imprisonment, or both fine and imprisonment, with actions prescribing in two years.
Parties may appeal to the Supreme Court by filing a notice of appeal with the Director, paying fees, and filing a petition for review within thirty days from notice of decision. The Solicitor General represents the Director in appeals.
Yes, the government may use any patented invention for government purposes without infringement, but reasonable compensation must be paid to the patentee.