SELF-PACED LEARNING MODULE

COLLEGE DEPARTMENT

MODULE 7
Subject:
AE3-RFLB – REGULATORY FRAMEWORK AND LEGAL ISSUES IN BUSINESS

AISAT COLLEGE – DASMARIÑAS, INC.

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 Unit Intellectual Property Code
Module The Law on Patents
REGULATORY FRAMEWORK AND LEGAL Page |2
AE3-RFLB Units: 3
ISSUES IN BUSINESS

INFORMATION SHEET MD -2.2.1

“The Law on Patents”

Learning objectives.

1. Present and discuss the R.A. 8293.

2. Determine what patentability is.
3. Determine what is right to a patent.
4. Determine the procedure and requirements to patent application.

The Law on Patents

General Provisions on the Law on Patents.

Definition of Terms Used in Law on Patents.

1. Bureau means the Bureau of Patents;
2. Director means the Director of Patents;
3. Regulations means the Rules of Practice in Patent Cases formulated by the Director of Patents and
promulgated by the Director General;
4. Examiner means the patent examiner;
5. Patent application or “application” means an application for a patent for an invention except in
Chapters XII and XIII, where “application” means an application for a utility model and an
industrial design, respectively; and
6. Priority date means the date of filing of the foreign application for the same invention referred to
in Section 31 of this Act.

Patentability

Patentable Inventions.
Any technical solution of a problem in any field of human activity which is new, involves an
inventive step and is industrially applicable shall be patentable. It may be, or may relate to, a product, or
process, or an improvement of any of the foregoing.

Non-Patentable Inventions.
The following shall be excluded from patent protection:

1. Discoveries, scientific theories and mathematical methods, and in the case of drugs and medicines,
the mere discovery of a new form or new property of a known substance which does not result in the
enhancement of the known efficacy of that substance, or the mere discovery of any new property or
new use for a known substance, or the mere use of a known process unless such known process
results in a new product that employs at least one new reactant.
For the purpose of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle
size, isomers, mixtures of isomers, complexes, combinations, and other derivatives of a known
substance shall be considered to be the same substance, unless they differ significantly in properties
with regard to efficacy;
SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:
MODULE 7th
MIDTERM
7 Meeting MS. EMERITA S.MERCADAL MR. WILBERT A. MAÑUSCA
Subject Teacher School Director
 Unit Intellectual Property Code
Module The Law on Patents
REGULATORY FRAMEWORK AND LEGAL Page |3
AE3-RFLB Units: 3
ISSUES IN BUSINESS

2. Schemes, rules and methods of performing mental acts, playing games or doing business, and
programs for computers;
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;
4. Plant varieties or animal breeds or essentially biological process for the production of plants or
animals. This provision shall not apply to micro-organisms 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:
5. Aesthetic creations; and
6. Anything which is contrary to public order or morality. (Sec. 8, R.A. No. 165a)

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

Prior Art. - Prior art shall consist of:

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
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)

Non-Prejudicial Disclosure.
1. The disclosure of information contained in the application during the twelve (12) months preceding
the filing date or the priority date of the application shall not prejudice the applicant on the ground
of lack of novelty if such disclosure was made by:
(a) The inventor;
(b) A patent office and the information was contained (a) in another application filed by the inventor
and should not have been disclosed by the office, or (b) in an application filed without the
knowledge or consent of the inventor by a third party which obtained the information directly or
indirectly from the inventor; or
(c) A third party which obtained the information directly or indirectly from the inventor.
2. For the purposes of Subsection 25.1, “inventor” also means any person who, at the filing date of
application, had the right to the patent. (n)

Inventive Step.

SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:

MODULE 7th
MIDTERM
7 Meeting MS. EMERITA S.MERCADAL MR. WILBERT A. MAÑUSCA
Subject Teacher School Director
 Unit Intellectual Property Code
Module The Law on Patents
REGULATORY FRAMEWORK AND LEGAL Page |4
AE3-RFLB Units: 3
ISSUES IN BUSINESS

1. An invention involves an inventive step if, having regard to prior art, it is not obvious to a person
skilled in the art at the time of the filing date or priority date of the application claiming the
invention. (n)
2. In the case of drugs and medicines, there is no inventive step if the invention results from the mere
discovery of a new form or new property of a known substance which does not result in the
enhancement of the known efficacy of that substance, or the mere discovery of any new property or
new use for a known substance, or the mere use of a known process unless such known process
results in a new product that employs at least one new reactant.

Industrial Applicability.
An invention that can be produced and used in any industry shall be industrially applicable. (n)

Right to a Patent

Right to a Patent.
The right to a patent belongs to the inventor, his heirs, or assigns. When two (2) or more
persons have jointly made an invention, the right to a patent shall belong to them jointly. (Sec. 10, R.A.
No. 165a)

First to File Rule.

If two (2) or more persons have made the invention separately and independently of each
other, the right to the patent shall belong to the person who filed an application for such invention, or
where two or more applications are filed for the same invention, to the applicant who has the earliest
filing date or, the earliest priority date. (3rd sentence, Sec. 10, R.A. No. 165a)

Inventions Created Pursuant to a Commission.

1. The person who commissions the work shall own the patent, unless otherwise provided in the
contract.
2. In case the employee made the invention in the course of his employment contract, the patent shall
belong to:
(a) The employee, if the inventive activity is not a part of his regular duties even if the employee uses
the time, facilities and materials of the employer.
(b) The employer, if the invention is the result of the performance of his regularly-assigned duties,
unless there is an agreement, express or implied, to the contrary. (n)

Right of Priority.
An application for patent filed by any person who has previously applied for the same invention
in another country which by treaty, convention, or law affords similar privileges to Filipino citizens, shall
be considered as filed as of the date of filing the foreign application: Provided, That:
(a) the local application expressly claims priority;
(b) it is filed within twelve (12) months from the date the earliest foreign application was filed;
and

SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:

MODULE 7th
MIDTERM
7 Meeting MS. EMERITA S.MERCADAL MR. WILBERT A. MAÑUSCA
Subject Teacher School Director
 Unit Intellectual Property Code
Module The Law on Patents
REGULATORY FRAMEWORK AND LEGAL Page |5
AE3-RFLB Units: 3
ISSUES IN BUSINESS

(c) a certified copy of the foreign application together with an English translation is filed within
six (6) months from the date of filing in the Philippines. (Sec. 15, R.A. No. 165a)

Patent Application

The Application.
1. The patent application shall be in Filipino or English and shall contain the following:
(a) A request for the grant of a patent;
(b) A description of the invention;
(c) Drawings necessary for the understanding of the invention;
(d) One or more claims; and
(e) An abstract.
2. No patent may be granted unless the application identifies the inventor. If the applicant is not the
inventor, the Office may require him to submit said authority. (Sec. 13, R.A. No. 165a)

Appointment of Agent or Representative.

An applicant who is not a resident of the Philippines must appoint and maintain a resident
agent or representative in the Philippines upon whom notice or process for judicial or administrative
procedure relating to the application for patent or the patent may be served. (Sec. 11, R.A. No. 165a)

The Request.
The request shall contain a petition for the grant of the patent, the name and other data of the
applicant, the inventor and the agent and the title of the invention. (n)

Disclosure and Description of the Invention.

Disclosure.
The application shall disclose the invention in a manner sufficiently clear and complete for it to
be carried out by a person skilled in the art.
Where the application concerns a microbiological process or the product thereof and involves
the use of a micro-organism which cannot be sufficiently disclosed in the application in such a way as to
enable the invention to be carried out by a person skilled in the art, and such material is not available to
the public, the application shall be supplemented by a deposit of such material with an international
depository institution.

Description.
The Regulations shall prescribe the contents of the description and the order of presentation.
(Sec. 14, R.A. No. 165a)

The Claims.
The application shall contain one (1) or more claims which shall define the matter for which
protection is sought. Each claim shall be clear and concise, and shall be supported by the description.
36.2. The Regulations shall prescribe the manner of the presentation of claims. (n)
The Abstract.
SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:
MODULE 7th
MIDTERM
7 Meeting MS. EMERITA S.MERCADAL MR. WILBERT A. MAÑUSCA
Subject Teacher School Director
 Unit Intellectual Property Code
Module The Law on Patents
REGULATORY FRAMEWORK AND LEGAL Page |6
AE3-RFLB Units: 3
ISSUES IN BUSINESS

The abstract shall consist of a concise summary of the disclosure of the invention as contained in
the description, claims and drawings in preferably not more than one hundred fifty (150) words. It must
be drafted in a way which allows the clear understanding of the technical problem, the gist of the
solution of that problem through the invention, and the principal use or uses of the invention. The
abstract shall merely serve for technical information. (n)

Unity of Invention.
1. The application shall relate to one invention only or to a group of inventions forming a single general
inventive concept.
2. If several independent inventions which do not form a single general inventive concept are claimed in
one application, the Director may require that the application be restricted to a single invention. A
later application filed for an invention divided out shall be considered as having been filed on the
same day as the first application: Provided, That the later application is filed within four (4) months
after the requirement to divide becomes final, or within such additional time, not exceeding four (4)
months, as may be granted: Provided, further, That each divisional application shall not go beyond
the disclosure in the initial application.
3. The fact that a patent has been granted on an application that did not comply with the requirement
of unity of invention shall not be a ground to cancel the patent. (Sec. 17, R.A. No. 165a)

Information Concerning Corresponding Foreign Application for Patents.

The applicant shall, at the request of the Director, furnish him with the date and number of any
application for a patent filed by him abroad, hereafter referred to as the “foreign application,” relating
to the same or essentially the same invention as that claimed in the application filed with the Office and
other documents relating to the foreign application. (n)

Procedure for Grant of Patent

Filing Date Requirements.

1. The filing date of a patent application shall be the date of receipt by the Office of at least the following
elements:
(a) An express or implicit indication that a Philippine patent is sought;
(b) Information identifying the applicant; and
(c) Description of the invention and one (1) or more claims in Filipino or English.
2. If any of these elements is not submitted within the period set by the Regulations, the application
shall be considered withdrawn. (n)

According a Filing Date.

The Office shall examine whether the patent application satisfies the requirements for the grant
of date of filing as provided in Section 40 hereof.
If the date of filing cannot be accorded, the applicant shall be given an opportunity to correct
the deficiencies in accordance with the implementing Regulations.
If the application does not contain all the elements indicated in Section 40, the filing date should
be that date when all the elements are received.

SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:

MODULE 7th
MIDTERM
7 Meeting MS. EMERITA S.MERCADAL MR. WILBERT A. MAÑUSCA
Subject Teacher School Director
 Unit Intellectual Property Code
Module The Law on Patents
REGULATORY FRAMEWORK AND LEGAL Page |7
AE3-RFLB Units: 3
ISSUES IN BUSINESS

If the deficiencies are not remedied within the prescribed time limit, the application shall be
considered withdrawn. (n)

Formality Examination.
1. After the patent application has been accorded a filing date and the required fees have been paid on
time in accordance with the Regulations, the applicant shall comply with the formal requirements
specified by Section 32 and the Regulations within the prescribed period, otherwise the application
shall be considered withdrawn.
2. The Regulations shall determine the procedure for the re-examination and revival of an application as
well as the appeal to the Director of Patents from any final action by the examiner. (Sec. 16, R.A. No.
165a)

Classification and Search.

An application that has complied with the formal requirements shall be classified and a search
conducted to determine the prior art. (n)

Publication of Patent Application.

1. The patent application shall be published in the IPO Gazette together with a search document
established by or on behalf of the Office citing any documents that reflect prior art, after the
expiration of eighteen (18) months from the filing date or priority date.
2. After publication of a patent application, any interested party may inspect the application documents
filed with the Office.
3. The Director General, subject to the approval of the Secretary of Trade and Industry, may prohibit or
restrict the publication of an application, if in his opinion, to do so would be prejudicial to the
national security and interests of the Republic of the Philippines. (n)

Confidentiality Before Publication.

A patent application, which has not yet been published, and all related documents, shall not be
made available for inspection without the consent of the applicant. (n)

Rights Conferred by a Patent Application After Publication.

The applicant shall have all the rights of a patentee under Section 76 against any person who,
without his authorization, exercised any of the rights conferred under Section 71 of this Act in relation to
the invention claimed in the published patent application, as if a patent had been granted for that
invention: Provided, That the said person had:
1. Actual knowledge that the invention that he was using was the subject matter of a published
application; or
2. Received written notice that the invention that he was using was the subject matter of a published
application being identified in the said notice by its serial number: Provided, That the action may not
be filed until after the grant of a patent on the published application and within four (4) years from
the commission of the acts complained of. (n)

SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:

MODULE 7th
MIDTERM
7 Meeting MS. EMERITA S.MERCADAL MR. WILBERT A. MAÑUSCA
Subject Teacher School Director
 Unit Intellectual Property Code
Module The Law on Patents
REGULATORY FRAMEWORK AND LEGAL Page |8
AE3-RFLB Units: 3
ISSUES IN BUSINESS

Observation by Third Parties.

Following the publication of the patent application, any person may present observations in
writing concerning the patentability of the invention. Such observations shall be communicated to the
applicant who may comment on them.
The Office shall acknowledge and put such observations and comment in the file of the
application to which it relates. (n)

Request for Substantive Examination.

The application shall be deemed withdrawn unless within six (6) months from the date of
publication under Section 41, a written request to determine whether a patent application meets the
requirements of Sections 21 to 27 and Sections 32 to 39 and the fees have been paid on time.
48.2.
Withdrawal of the request for examination shall be irrevocable and shall not authorize the
refund of any fee. (n)

Amendment of Application.
An applicant may amend the patent application during examination: Provided, That such
amendment shall not include new matter outside the scope of the disclosure contained in the
application as filed. (n)

Grant of Patent.
1. If the application meets the requirements of this Act, the Office shall grant the patent: Provided, That
all the fees are paid on time.
2. If the required fees for grant and printing are not paid in due time, the application shall be deemed to
be withdrawn.
3. A patent shall take effect on the date of the publication of the grant of the patent in the IPO Gazette.
(Sec. 18, R.A. No. 165a)

Refusal of the Application.

1. The final order of refusal of the examiner to grant the patent shall be appealable to the Director in
accordance with this Act.
2. The Regulations shall provide for the procedure by which an appeal from the order of refusal from the
Director shall be undertaken. (n)

Publication Upon Grant of Patent.

1. The grant of the patent together with other related information shall be published in the IPO Gazette
within the time prescribed by the Regulations.
2. Any interested party may inspect the complete description, claims, and drawings of the patent on file
with the Office. (Sec. 18, R.A. No. 165a)

SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:

MODULE 7th
MIDTERM
7 Meeting MS. EMERITA S.MERCADAL MR. WILBERT A. MAÑUSCA
Subject Teacher School Director
 Unit Intellectual Property Code
Module The Law on Patents
REGULATORY FRAMEWORK AND LEGAL Page |9
AE3-RFLB Units: 3
ISSUES IN BUSINESS

Contents of Patent.
The patent shall be issued in the name of the Republic of the Philippines under the seal of the
Office and shall be signed by the Director, and registered together with the description, claims, and
drawings, if any, in books and records of the Office. (Secs. 19 and 20, R.A. No. 165a)

Term of Patent.
The term of a patent shall be twenty (20) years from the filing date of the application. (Sec. 21,
R.A. No. 165a)

Annual Fees.
1. To maintain the patent application or patent, an annual fee shall be paid upon the expiration of four
(4) years from the date the application was published pursuant to Section 44 hereof, and on each
subsequent anniversary of such date. Payment may be made within three (3) months before the due
date. The obligation to pay the annual fees shall terminate should the application be withdrawn,
refused, or cancelled.
2. If the annual fee is not paid, the patent application shall be deemed withdrawn or the patent
considered as lapsed from the day following the expiration of the period within which the annual
fees were due. A notice that the application is deemed withdrawn or the lapse of a patent for non-
payment of any annual fee shall be published in the IPO Gazette and the lapse shall be recorded in
the Register of the Office.
3. A grace period of six (6) months shall be granted for the payment of the annual fee, upon payment of
the prescribed surcharge for delayed payment. (Sec. 22, R.A. No. 165a)

Surrender of Patent.
1. The owner of the patent, with the consent of all persons having grants or licenses or other right, title
or interest in and to the patent and the invention covered thereby, which have been recorded in the
Office, may surrender his patent or any claim or claims forming part thereof to the Office for
cancellation.
2. A person may give notice to the Office of his opposition to the surrender of a patent under this
section, and if he does so, the Bureau shall notify the proprietor of the patent and determine the
question.
3. If the Office is satisfied that the patent may properly be surrendered, he may accept the offer and, as
from the day when notice of his acceptance is published in the IPO Gazette, the patent shall cease to
have effect, but no action for infringement shall lie and no right compensation shall accrue for any
use of the patented invention before that day for the services of the government. (Sec. 24, R.A. No.
165a)

Correction of Mistakes of the Office.

The Director shall have the power to correct, without fee, any mistake in a patent incurred
through the fault of the Office when clearly disclosed in the records thereof, to make the patent
conform to the records. (Sec. 25, R.A. No. 165)

Correction of Mistake in the Application.

SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:

MODULE 7th
MIDTERM
7 Meeting MS. EMERITA S.MERCADAL MR. WILBERT A. MAÑUSCA
Subject Teacher School Director
 Unit Intellectual Property Code
Module The Law on Patents
REGULATORY FRAMEWORK AND LEGAL P a g e | 10
AE3-RFLB Units: 3
ISSUES IN BUSINESS

On request of any interested person and payment of the prescribed fee, the Director is
authorized to correct any mistake in a patent of a formal and clerical nature, not incurred through the
fault of the Office. (Sec. 26, R.A. No. 165a)

Changes in Patents.
1. The owner of a patent shall have the right to request the Bureau to make the changes in the patent in
order to:
(a) Limit the extent of the protection conferred by it;
(b) Correct obvious mistakes or to correct clerical errors; and
(c) Correct mistakes or errors, other than those referred to in letter (b), made in good faith: Provided,
That where the change would result in a broadening of the extent of protection conferred by the
patent, no request may be made after the expiration of two (2) years from the grant of a patent
and the change shall not affect the rights of any third party which has relied on the patent, as
published.
2. No change in the patent shall be permitted under this section, where the change would result in the
disclosure contained in the patent going beyond the disclosure contained in the application filed.
3. If, and to the extent to which the Office changes the patent according to this section, it shall publish
the same. (n)

Form and Publication of Amendment.

An amendment or correction of a patent shall be accomplished by a certificate of such
amendment or correction, authenticated by the seal of the Office and signed by the Director, which
certificate shall be attached to the patent. Notice of such amendment or correction shall be published in
the IPO Gazette and copies of the patent kept or furnished by the Office shall include a copy of the
certificate of amendment or correction. (Sec. 27, R.A. No. 165)

Cancellation of Patents and Substitution of Patentee

Cancellation of Patents.
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.
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)

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)
SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:
MODULE 7th
MIDTERM
7 Meeting MS. EMERITA S.MERCADAL MR. WILBERT A. MAÑUSCA
Subject Teacher School Director
 Unit Intellectual Property Code
Module The Law on Patents
REGULATORY FRAMEWORK AND LEGAL P a g e | 11
AE3-RFLB Units: 3
ISSUES IN BUSINESS

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)

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)

Cancellation of the Patent.

1. If the Committee finds that a case for cancellation has been proved, it shall order the patent or any
specified claim or claims thereof cancelled.
2. If the Committee finds that, taking into consideration the amendment made by the patentee during
the cancellation proceedings, the patent and the invention to which it relates meet the requirement
of this Act, it may decide to maintain the patent as amended: Provided, That the fee for printing of a
new patent is paid within the time limit prescribed in the Regulations.
3. If the fee for the printing of a new patent is not paid in due time, the patent should be revoked.
4. If the patent is amended under Subsection 65.2 hereof, the Bureau shall, at the same time as it
publishes the mention of the cancellation decision, publish the abstract, representative claims and
drawings indicating clearly what the amendments consist of. (n)

Effect of Cancellation of Patent or Claim.

The rights conferred by the patent or any specified claim or claims cancelled shall terminate.
Notice of the cancellation shall be published in the IPO Gazette. Unless restrained by the Director
General, the decision or order to cancel by Director of Legal Affairs shall be immediately executory even
pending appeal. (Sec. 32, R.A. No. 165a)

Remedies of a Person with a Right to a Patent

Patent Application by Persons Not Having the Right to a Patent.

1. If a person referred to in Section 29 other than the applicant, is declared by final court order or
decision as having the right to the patent, such person may, within three (3) months after the
decision has become final:
(a) Prosecute the application as his own application in place of the applicant;
(b) File a new patent application in respect of the same invention;
(c) Request that the application be refused; or
(d) Seek cancellation of the patent, if one has already been issued.
2. The provisions of Subsection 38.2 shall apply mutatis mutandis to a new application filed under
Subsection 67.1(b). (n)
SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:
MODULE 7th
MIDTERM
7 Meeting MS. EMERITA S.MERCADAL MR. WILBERT A. MAÑUSCA
Subject Teacher School Director
 Unit Intellectual Property Code
Module The Law on Patents
REGULATORY FRAMEWORK AND LEGAL P a g e | 12
AE3-RFLB Units: 3
ISSUES IN BUSINESS

Remedies of the True and Actual Inventor.

If a person, who was deprived of the patent without his consent or through fraud is declared by
final court order or decision to be the true and actual inventor, the court shall order for his substitution
as patentee, or at the option of the true inventor, cancel the patent, and award actual and other
damages in his favor if warranted by the circumstances. (Sec. 33, R.A. No. 165a)

Publication of the Court Order.

The court shall furnish the Office a copy of the order or decision referred to in Sections 67 and
68, which shall be published in the IPO Gazette within three (3) months from the date such order or
decision became final and executory, and shall be recorded in the register of the Office. (n)
Time to File Action in Court. - The actions indicated in Sections 67 and 68 shall be filed within
one (1) year from the date of publication made in accordance with Sections 44 and 51, respectively. (n)

Note to the reader.

The content of this module belongs to the Right Owner stated in the reference section. The one who
present this material has no other intention for whatsoever (e.g. selling/commercial purposes) except
for classroom instruction purposes only.

References:

1. Republic Act No. 8293, Series of 1997. An Act Prescribing the Intellectual Property Code And
Establishing The Intellectual Property Office, Providing For Its Powers And Functions, And For
Other Purposes. Official Gazette Of The Republic Of The Philippines
https://www.officialgazette.gov.ph/1997/06/06/republic-act-no-8293/
SELF-CHECK MD -1.1.1
“The Intellectual Property Office”

Discuss the following question in your own word.

1. What are non-patentable inventions?

2. What is first to file rule?

3. What is the procedure of patent application?

4. What is the procedure for grant of patent?

SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:

MODULE 7th
MIDTERM
7 Meeting MS. EMERITA S.MERCADAL MR. WILBERT A. MAÑUSCA
Subject Teacher School Director
 Unit Intellectual Property Code
Module The Law on Patents
REGULATORY FRAMEWORK AND LEGAL P a g e | 13
AE3-RFLB Units: 3
ISSUES IN BUSINESS

SELF-CHECK ANSWER KEY MD -1.1.1

“The Intellectual Property Office”

1. .
2. .
3. .

SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:

MODULE 7th
MIDTERM
7 Meeting MS. EMERITA S.MERCADAL MR. WILBERT A. MAÑUSCA
Subject Teacher School Director