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CHAPTER VI Cancellation of Patents and Substitution of Patentee

The document outlines what types of inventions cannot be patented under Philippine law. Specifically, it states that discoveries, scientific theories, mathematical methods, business schemes/rules/methods, computer programs, methods of medical treatment/diagnosis on humans/animals, plant/animal varieties, and anything against public order or morality cannot be patented. It also provides definitions for novelty, prior art, and conditions for cancelling a patent.

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157 views2 pages

CHAPTER VI Cancellation of Patents and Substitution of Patentee

The document outlines what types of inventions cannot be patented under Philippine law. Specifically, it states that discoveries, scientific theories, mathematical methods, business schemes/rules/methods, computer programs, methods of medical treatment/diagnosis on humans/animals, plant/animal varieties, and anything against public order or morality cannot be patented. It also provides definitions for novelty, prior art, and conditions for cancelling a patent.

Uploaded by

shakira
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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SECTION 22. Non-Patentable Inventions.

The following shall be excluded from patent protection:

22.1. Discoveries, scientific theories and mathematical methods;

22.2. Schemes, rules and methods of performing mental acts, playing games or doing business, and
programs for computers;

22.3. Methods for treatment of the human or animal body by surgery or therapy and diagnostic
methods practiced on the human or animal body. This provision shall not apply to products and
composition for use in any of these methods;

22.4. Plant varieties or animal breeds or essentially biological process for the production of plants or
animals. This provision shall not apply to microorganisms and non-biological and microbiological
processes. Provisions under this subsection shall not preclude Congress to consider the enactment of a
law providing sui generis protection of plant varieties and animal breeds and a system of community
intellectual rights protection:

22.5. Aesthetic creations; and 22.6. Anything which is contrary to public order or morality. (Sec. 8, R.A.
No. 165a)

SECTION 23. Novelty. — An invention shall not be considered new if it forms part of a prior art. (Sec. 9,
R.A. No. 165a)

SECTION 24. Prior Art. — Prior art shall consist of:

24.1. Everything which has been made available to the public anywhere in the world, before the filing
date or the priority date of the application claiming the invention; and

24.2. The whole contents of an application for a patent, utility model, or industrial design registration,
published in accordance with this Act, filed or effective in the Philippines, with a filing or priority date
that is earlier than the filing or priority date of the application: Provided, That the application which has
validly claimed the filing date of an earlier application under Section 31 of this Act, shall be prior art with
effect as of the filing date of such earlier application: Provided further, That the applicant or the inventor
identified in both applications are not one and the same. (Sec. 9, R.A. No. 165a) cdt

109.1. a. An invention qualifies for registration as a utility model if it is new and industrially applicable.
b. Section 21, "Patentable Inventions", shall apply except the reference to inventive step as a condition
of protection.
CHAPTER VI Cancellation of Patents and Substitution of Patentee

SECTION 61. Cancellation of Patents.

61.1. Any interested person may, upon payment of the required fee, petition to cancel the patent or any claim thereof, or parts
of the claim, on any of the following grounds:

a. That what is claimed as the invention is not new or patentable;


b. That the patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by any
person skilled in the art; or

c. That the patent is contrary to public order or morality.

61.2. Where the grounds for cancellation relate to some of the claims or parts of the claim, cancellation may be effected to such
extent only. (Secs. 28 and 29, R.A. No. 165a)

SECTION 62. Requirement of the Petition.

— The petition for cancellation shall be in writing, verified by the petitioner or by any person in his behalf who knows the facts,
specify the grounds upon which it is based, include a statement of the facts to be relied upon, and filed with the Office. Copies
of printed publications or of patents of other countries, and other supporting documents mentioned in the petition shall be
attached thereto, together with the translation thereof in English, if not in the English language. (Sec. 30, R.A. No. 165) SECTION
63. Notice of Hearing. — Upon filing of a petition for cancellation, the Director of Legal Affairs shall forthwith serve notice of the
filing thereof upon the patentee and all persons having grants or licenses, or any other right, title or interest in and to the
patent and the invention covered thereby, as appears of record in the Office, and of notice of the date of hearing thereon on
such persons and the petitioner. Notice of the filing of the petition shall be published in the IPO Gazette. (Sec. 31, R.A. No. 165a)
cd

SECTION 64. Committee of Three. — In cases involving highly technical issues, on motion of any party, the Director of Legal
Affairs may order that the petition be heard and decided by a committee composed of the Director of Legal Affairs as chairman
and two (2) members who have the experience or expertise in the field of technology to which the patent sought to be
cancelled relates. The decision of the committee shall be appealable to the Director General. (n)

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