Creation and regulation of Philippine Patent Office

Patents granted for new and useful machines, products, substances, processes, or improvements thereof.
Exclusions include inventions contrary to public order, morals, health, or welfare.
Ideas, scientific principles, abstract theorems, and processes not directed to commercial products are non-patentable.
Inventions are not considered new or patentable if:
- Known or used in the Philippines before the inventor's application.
- Patented or published abroad more than one year before application.
- In public use or on sale in the Philippines for over one year before application.
- Already covered by a valid Philippine patent.

Right to patent belongs to the true inventor, heirs, legal representatives, or assigns.
Joint inventions result in joint patent ownership.
In cases of multiple inventors, patent right is awarded to the first to file, unless proven otherwise.
Non-residents must appoint a local agent or representative.
Application requirements include specification, drawings (if applicable), power of attorney, assignment documents, sworn statements of inventorship, agent appointments, and fees.
Applications can be filed in English, Spanish, or national language with English translation.
Applications based on foreign filings have priority if filed within twelve months.

Formal examination to ensure compliance with required formalities; defects must be remedied within prescribed times.
Multiple inventions in one application may require division.
Patent issued under the seal of the Office, signed by the Director.
Patent content includes patent number, title, inventor and patentee names, application and issue dates, and grant of exclusive rights.
Publication of patents as required.

Patent term starts on the issue date and lasts for seventeen years.
Annual fees payable starting four years after issuance; failure to pay results in lapse.
Notices of non-payment and lapsing published in the Official Gazette.
Lapsed patents may be reinstated within two years upon payment of fees and proof of excusable neglect.

Patents may be cancelled by petition within three years on grounds of non-patentability, defective specification, or incorrect inventorship.
Solicitor General may file cancellation petition at any time.
Petition requirements include verified writing, grounds, facts, and supporting documentation.
Notice and hearing procedures established.
Cancellation order effective after appeal period.
Special provisions allow true inventors to obtain patents even after cancellation due to fraud.

License may be granted after three years from patent grant if:
- Patent not worked commercially in the Philippines without reason.
- Demand not adequately met on reasonable terms.
- Refusal to grant licenses restrains trade or industry.
- Invention relates to food, medicine, public health, or safety.
Hearing notices and orders for license issuance defined.

Patentee has exclusive rights to make, use, sell, or use the patented invention commercially in the Philippines.
Experimental uses not for profit do not infringe.
Temporary use of inventions on foreign vehicles entering the Philippines does not infringe.
Third parties with prior acquisition right before application may use and sell without liability.
Government use allowed with reasonable compensation to patentee.

Civil actions available to recover damages and injunctions.
Damages capped at three times actual damages; reasonable royalties may be awarded.
Limitation period of four years for damages claims.
Damages unavailable without notice of patent marking.
Defenses include invalidity of the patent.
Patent invalidity results in cancellation by the Director.
Court appoints scientific and technical assessors.
Criminal penalties imposed for repeated infringements.
Appeals process established.

Patents and inventions treated as property with rights to assign, inherit, or bequeath.
Assignments may be whole or partial, territorial limitations allowed.
Assignments must be written, notarized, and recorded.
Recording provides protection against subsequent purchasers.
Joint owners have rights to use individually but require consent for licenses or assignment.

New and original ornamental or artistic features protectable as industrial designs.
Shorter publication period (six months) for designs.
Registration notice published.
Initial term of five years; possible extensions up to fifteen years total.
Marking with registration number required.
Unauthorized copying constitutes infringement.

Final orders of the Director appealable to the Supreme Court.
Appeal procedures include notice, petition, answering, possible additional evidence, and briefing.
Solicitor General represents the Director.
Rules of Court govern proceedings not covered by this Act.

Fines and/or imprisonment for falsely representing articles or processes as patented or registered.
Criminal actions prescribe in two years.

Fee schedule for application, annual fees, late fees, petitions, record copies, assignments, appeals, design registrations, and other services.
Initial appropriation of funds for establishment and operation costs.

Priority rights for filing applications preserved.
Disqualification of Patent Office employees from applying for patents during employment and for one year thereafter.
Open access to patent records to the public.
Repeal of inconsistent prior laws.
Preservation of rights acquired under previous laws.
Effectivity upon approval.