Title
Philippine Inventors Incentives Act Summary
Law
Republic Act No. 3850
Decision Date
Apr 13, 1964
The Philippine Inventors Incentives Act establishes the Philippine Inventors Commission to provide technical, financial, and legal assistance to inventors in the Philippines, promoting inventiveness and supporting the development and protection of patented inventions.
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Powers, Functions, and Duties of the Commission

  • Technical assistance: patentability examination and patent application preparation
  • Financial aid: funding to develop, perfect, and produce inventions pending or secured patents
  • Legal assistance: representation in filing patents locally and abroad; protection against patent infringement
  • Recommendation for government loans using letters patent as collateral to manufacture inventions
  • Market assistance: help inventors find domestic and international markets
  • Incentives: Annual cash awards and medals known as "President Awards for Inventions" in various scientific and commercial fields
  • Research facilities: Establish and maintain a public research laboratory with mandatory royalty sharing to maintain facilities
  • Promotion of creativity: annual "Creative Research Contest" to encourage submission of useful ideas or gadgets
  • Dissemination: publish inventions and scientific information
  • Networking: hold regular meetings for idea exchange among inventors
  • International promotion: assist inventors in joining international competitions
  • Youth involvement: organize creative societies in academic institutions

Transfer of Functions

  • Transfer of invention promotion and development functions from the National Science Development Board to the Commission

Composition and Appointment

  • The Commission headed by a Commissioner and an Assistant Commissioner, appointed by the President with consent
  • Qualifications: Filipino citizens, at least 25 years old, holders of at least one patent issued by the Philippine Patent Office
  • Terms: Lifetime tenure during good behavior, removable only for cause
  • Salaries fixed for the Commissioner (₱12,000) and Assistant Commissioner (₱10,000)

Rulemaking and Contractual Obligations

  • Rulemaking authority subject to National Science Development Board approval
  • Any assistance (technical, financial, legal, or use of research facilities) given with contract obligation for the inventor to pay the Commission 10% royalties from patents resulting from the Commission's services
  • Royalties fund the Commission's activities
  • Ownership of inventions and patents remains with the inventor subject to royalty provisions

Research Laboratory Site and Facilities

  • Commissioner may select up to 24 hectares of public land for research laboratory and housing
  • Land survey, delimitation, and transfer to the Commission to follow within three months

Organizational Structure

  • Divisions include Patent Examining, Research, Legal, Evaluation and Financing, Administrative, and others as approved
  • Division heads must be Filipino inventors with patents (except Legal Division head)
  • Compensation for division heads fixed at ₱8,400 annually
  • Appointment of technical and administrative staff made by the National Science Development Board chairman upon Commissioner's recommendation
  • Temporary appointments allowed for unfilled inventor-qualified positions with additional compensation

Tax Incentives for Donations

  • Donations and grants to the Commission are tax-exempt and deductible from income tax
  • Fraudulent claims subject to penalties including fines and imprisonment
  • Corporate officers held liable for violations

Tax and License Exemptions for Local Inventions

  • Five-year exemption from taxes, licenses, and permits for local inventions manufactured as a home industry with capitalization not exceeding ₱50,000

Appropriations and Funding

  • Initial appropriation of ₱500,000 from the National Treasury upon establishment
  • Annual appropriations required, not less than ₱500,000
  • Minimum 50% of funds dedicated to financial aid for developing and producing patents
  • Minimum 10% of balance allocated for awards and promotion of inventiveness

Legal Provisions

  • Severability clause: invalidity of any part does not affect the remainder
  • Repeal of inconsistent laws, rules, or orders
  • Effectivity: Act takes effect upon approval

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