Republic Act No.

8293
“Intellectual Property Code of the Philippines”
AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND ESTABLISHING THE
INTELLECTUAL PROPERTY OFFICE, PROVIDING FOR ITS POWERS AND FUNCTIONS, AND FOR
OTHER PURPOSES

PART I: THE INTELLECTUAL PROPERTY OFFICE

Republic Act No. 8293, also known as the "Intellectual Property Code of the Philippines," aims
to safeguard intellectual property rights for domestic development, technology transfer, foreign
investment, and market access. It emphasizes the protection of creators' rights and the
dissemination of knowledge to promote national progress. The act prioritizes streamlining
administrative procedures and strengthening the enforcement of intellectual property rights. It
recognizes individuals or entities from countries party to intellectual property rights agreements
as entitled to benefits under these agreements, supplementing the rights granted by Philippine
law. The Act defines various intellectual property rights, including copyright, trademarks,
industrial designs, patents, and technology transfer arrangements. It establishes the Intellectual
Property Office (IPO) responsible for functions such as patent and trademark registration,
technology transfer arrangements, and dispute resolution. The IPO consists of bureaus
specializing in patents, trademarks, legal affairs, documentation, information, technology
transfer, management information services, and administrative services. The Act specifies
qualifications and terms of office for the Director General and Deputy Directors General of the
IPO, who are tasked with managing office activities and exercising jurisdiction over disputes. It
empowers the IPO to retain fees collected for operational purposes and seek technical
assistance from other government departments. Additionally, it mandates the establishment of
an IPO seal, publication of relevant laws and regulations, and disqualification of IPO officers and
employees from acting as attorneys or patent agents during their employment.

PART II: THE LAW ON PATENTS

CHAPTER I: GENERAL PROVISIONS
Section 20: Definition of Terms Used in Part II, The Law on Patents, "Bureau" refers to the
Bureau of Patents. "Director" refers to the Director of Patents. "Regulations" are the Rules of
Practice in Patent Cases formulated by the Director of Patents and promulgated by the Director
General. "Examiner" is the patent examiner. "Patent application" or "application" is a request for
a patent for an invention, except in Chapters XII and XIII where it refers to applications for a
utility model and industrial design, respectively. "Priority date" is the filing date of the foreign
application for the same invention as referred to in Section 31 of this Act.
 CHAPTER II: PATENTABILITY
Section 21 defines patentable inventions as new technical solutions to problems in any field of
human activity, requiring an inventive step and industrial applicability. They can relate to
products, processes, or improvements. Section 22 outlines non-patentable inventions, including
discoveries, mathematical methods, and methods for mental acts, among others. Section 23
emphasizes the requirement of novelty, stating that inventions are not considered new if they
form part of prior art. Section 24 explains prior art, encompassing publicly available information
and earlier patent applications. Section 25 discusses non-prejudicial disclosure, stating that
information disclosed within 12 months before the filing date does not affect novelty. Section 26
defines inventive step, requiring that an invention is not obvious to a skilled person in the field.
Section 27 mandates industrial applicability, requiring that an invention is usable in any industry.

CHAPTER III: RIGHT TO A PATENT

Section 28: Right to a Patent, the inventor, their heirs, or assigns have the right to a patent. If
multiple people jointly invent, they share the patent rights. Section 29: First to File Rule, if
multiple individuals independently invent the same thing, the patent goes to the first person
who filed for it, or if there are multiple filings, to the earliest filer. Section 30: Inventions Created
Pursuant to a Commission. The person commissioning the work owns the patent, unless stated
otherwise in the contract. For inventions made by employees during employment, ownership
depends on whether it's within their regular duties. Section 31: Right of Priority, if someone
previously applied for the same invention in another country offering similar privileges, their
local application is considered filed from the foreign application date if it's filed within 12
months and a certified copy of the foreign application is submitted within 6 months.

CHAPTER IV: PATENT APPLICATION

Section 32 requires patent applications to be in Filipino or English and include a request for a
patent, description of the invention, drawings, claims, abstract, and inventor's identification.
Section 33 mandates non-resident applicants to appoint a resident agent or representative in
the Philippines. Section 34 outlines requirements for the patent request, including petitioner
and invention details. Section 35 emphasizes clear disclosure of the invention, especially if it
involves undisclosed microbiological material. Section 36 specifies the need for clear and
concise claims supported by the description. Section 37 requires an abstract summarizing the
invention's disclosure. Section 38 mandates unity of invention, with restrictions on multiple
independent inventions. Divisional applications can be filed within a specified timeframe.
Section 39 requires applicants to provide details of any related foreign patent applications upon
request by the Director.
 CHAPTER V: PROCEDURE FOR GRANT OF PATENT
Section 40 specifies requirements for establishing the filing date of a patent application,
including indication of seeking a Philippine patent, applicant identification, and a description
with at least one claim in Filipino or English. Section 41 outlines the verification process by the
Office to confirm compliance with filing date requirements and allows applicants to address any
deficiencies. Section 42 details the formality examination process, with provisions for
application withdrawal in case of non-compliance. Procedures for re-examination, revival, and
appeals are provided in the Regulations. Section 43 describes the classification and search
process to determine prior art for applications meeting formal requirements. Section 44
explains the publication of patent applications in the IPO Gazette after eighteen months,
allowing public inspection. Confidentiality before publication is maintained per Section 45, while
Section 46 discusses rights conferred by a patent application after publication. Third parties can
submit observations on patentability post-publication, as per Section 47. A request for
substantive examination must be made within six months of publication, detailed in Section 48.
Amendments during examination are permitted under Section 49, and a patent is granted if Act
requirements are met, according to Section 50. Refusal can be appealed to the Director under
Section 51. Upon grant, the patent is published in the IPO Gazette, per Section 52, and issued in
the name of the Republic of the Philippines, as stated in Section 53. Patents last for twenty
years from the application filing date, as per Section 54, with annual maintenance fees required,
detailed in Section 55. Patent surrender with consent and correction of Office mistakes are
allowed under Sections 56 and 57, respectively. Interested parties can request corrections for
formal and clerical mistakes in patents under Section 58. Changes in patents, including limiting
protection or broadening protection, can be requested within two years of grant, outlined in
Section 59. Amendments or corrections are formalized by a certificate, attached to the patent,
and published in the IPO Gazette, as per Section 60.

CHAPTER VI: CANELLATION OF PATENTS AND SUBSTITUTION OF PATENTEE

Section 61: Cancellation of Patents, any interested person can petition to cancel a patent or its
claims for reasons including lack of novelty, insufficient disclosure, or conflict with public order
or morality. Section 62: Requirement of the Petition, the petition must be in writing, verified,
specifying grounds for cancellation, supported by relevant documents and translations if
necessary. Section 63: Notice of Hearing, upon petition filing, notice is served to the patentee
and related parties, with a hearing date set. Notice is published in the IPO Gazette. Section 64:
Committee of Three, in complex cases, a committee may be formed, chaired by the Director of
Legal Affairs, with two members experienced in the patent's technology field. Committee
decisions are appealable to the Director General. Section 65: Cancellation of the Patent, the
Committee can order patent or claim cancellation if grounds are proven. Alternatively, if the
patent meets requirements after amendments during proceedings, it may be maintained.
Failure to pay for printing a new patent leads to revocation. Section 66: Effect of Cancellation of
Patent or Claim, cancellation terminates rights conferred by the patent or its claims. Notice of
cancellation is published in the IPO Gazette, and the Director of Legal Affairs' decision is
immediately enforceable unless restrained pending appeal.

CHAPTER VII: REMEDIES OF A PERSON WITH A RIGHT TO A PATENT

Section 67: Patent Application by Persons Not Having the Right to a Patent, if someone other
than the applicant is declared by a final court decision to have the right to the patent, they can
prosecute the application, file a new application, request refusal, or seek patent cancellation
within three months. The same rules apply for a new application under certain conditions.
Section 68: Remedies of the True and Actual Inventor, if a person proven by a final court
decision to be the true inventor after being deprived of the patent, may be substituted as the
patentee or choose to cancel the patent. The court can also award damages if warranted.
Section 69: Publication of the Court Order, the court must provide the Office with a copy of the
final order or decision from Sections 67 and 68, which is then published in the IPO Gazette
within three months and recorded in the Office's register. Section 70: Time to File Action in
Court, actions from Sections 67 and 68 must be filed within one year from the date of
publication in accordance with Sections 44 and 51, respectively.

CHAPTER VIII: RIGHTS AND INFRINGEMENT OF PATENTS

Section 71 grants exclusive rights to patent owners, allowing them to prevent others from
making, using, selling, or importing patented products or processes. They can also assign or
license their patents. Section 72 outlines limitations to patent rights, including exemptions for
certain acts without authorization. Section 73 protects prior users who were using or preparing
to use the invention before the patent application's filing date. Section 74 permits government
exploitation of patented inventions under certain conditions. Section 75 defines the scope of
patent protection based on claims and their interpretation. Section 76 allows patent holders to
seek damages and injunctions against infringers. Section 77 permits foreign nationals to pursue
infringement actions in the Philippines. Section 78 addresses process patents and the burden of
proof. Section 79 limits the timeframe for seeking damages for infringement. Section 80
requires notice for damages recovery. Section 81 allows defendants to challenge patent validity
in infringement actions. Section 82 mandates cancellation of patents found invalid in
infringement cases. Section 83 allows for the appointment of assessors in infringement cases.
Section 84 imposes criminal liability for repeat infringement after a court judgment, including
imprisonment and fines.
 CHAPTER IX: VOLUNTARY LICENSING
Section 85: Voluntary License Contract, all technology transfer arrangements must comply with
the provisions of this Chapter to encourage technology transfer and prevent practices that may
harm competition and trade. Section 86: Jurisdiction on Royalty Disputes, the Director of the
Documentation, Information, and Technology Transfer Bureau handles disputes over technology
transfer payments, including setting appropriate royalty rates. Section 87: Prohibited Clauses,
certain clauses in technology transfer agreements are presumed to harm competition and
trade, such as those imposing obligations on the licensee to buy specific goods, fixing sale
prices, restricting production volume, prohibiting competitive technologies, obligating free
transfer of inventions, requiring royalties for unused patents, restricting exports, limiting post-
arrangement technology use, mandating payments after expiration, prohibiting contesting
patent validity, restricting research activities, and exempting licensors from liability.
Section 88: Mandatory Provisions, voluntary license contracts must include provisions specifying
Philippine law as governing, venue of litigation, continued access to improvements, arbitration
procedures, and bearing of Philippine taxes by the licensor. Section 89: Rights of Licensor, unless
otherwise stated, the licensor retains the right to grant further licenses and exploit the
technology. Section 90: Rights of Licensee, the licensee has the right to exploit the technology
throughout the arrangement's duration. Section 91: Exceptional Cases, in cases where
substantial economic benefits are evident, exemptions from certain requirements may be
granted by the Documentation, Information, and Technology Transfer Bureau. Section 92: Non-
Registration, technology transfer arrangements complying with Sections 86 and 87 do not
require registration, but non-compliance renders them unenforceable unless approved and
registered under exceptional cases outlined in Section 91.

CHAPTER X: COMPULSORY LICENSING

Chapter X outlines the provisions for compulsory licensing, allowing the Director of Legal Affairs
to grant licenses to exploit a patented invention under specific circumstances: Section 93:
Grounds for Compulsory Licensing, Includes national emergencies, public interest (such as
national security, health, etc.), anti-competitive practices, public non-commercial use, and non-
commercial use of the patent without satisfactory reason. Period for Filing a Petition (Section
94) specifies timeframes for applying for a compulsory license based on different grounds.
Requirement to Obtain a License on Reasonable Commercial Terms Section 95, Requires efforts
to obtain authorization from the patent owner before granting a compulsory license, with
exceptions for certain cases like anti-competitive practices or national emergencies. Compulsory
Licensing of Patents Involving Semi-Conductor Technology Section 96, Limits the grant of
licenses for semi-conductor technology to public non-commercial use or to remedy anti-
competitive practices. Compulsory License Based on Interdependence of Patents Section 97,
Allows for compulsory licensing if a second patent relies on a first patent, subject to certain
conditions. Form and Contents of Petition Section 98, Specifies requirements for filing a petition
for compulsory licensing. Notice of Hearing Section 99, Outlines procedures for notifying
relevant parties about the filing of a petition. Terms and Conditions of Compulsory License
Section 100, Sets conditions for compulsory licenses, including limitations on scope, non-
exclusivity, and market focus, among others. Amendment, Cancellation, Surrender of
Compulsory License Section 101, Provides procedures for modifying, canceling, or surrendering
a compulsory license. Licensee's Exemption from Liability Section 102, Grants immunity from
infringement liability to those operating under a compulsory license, provided there is no
collusion with the licensor.

CHAPTER XI: ASSIGNMENT AND TRANSMISSION OF RIGHTS

Chapter XI outlines the procedures and regulations regarding the assignment and transmission
of patent rights: Transmission of Rights Section 103: Patents and inventions can be transferred
or inherited like other forms of property, and they may also be licensed. Assignment of
Inventions, Section 104, Assignments can cover the entire patent or only a portion of it,
including specific territories. Form of Assignment Section 105, Assignments must be in writing,
acknowledged by a notary public or authorized officer, and certified. Recording Section 106, The
Patent Office records assignments, licenses, and other transmission instruments. These must be
registered within three months to be valid against subsequent purchasers or mortgagees. Rights
of Joint Owners (Section 107, Joint owners of a patent have individual rights to use, sell, or
import the invention for their profit. However, they cannot grant licenses or assign their rights
without the consent of other owners or sharing the proceeds.

CHAPTER XII: REGISTRATION OF UTILITY MODELS

Chapter XII governs the registration of utility models with the following key points: Applicability
of Patent Provisions (Section 108), The rules and regulations for patents apply, with necessary
adjustments, to utility model registration. Conflicts between patent rights and utility model
registration are addressed accordingly. Special Provisions for Utility Models (Section 109), Utility
models must be new and industrially applicable, but inventive step is not required. Certain
patent-related sections do not apply to utility model registration. Utility model registrations last
for seven years without the possibility of renewal and can be canceled under specific grounds.
Conversion of Applications (Section 110), Applicants can convert patent applications into utility
model registrations and vice versa before a decision is made on the application, with a
prescribed fee and only once. Prohibition against Parallel Applications Section 111, Applicants
cannot simultaneously or consecutively file two applications for the same subject, one for utility
model registration and the other for a patent.
 CHAPTER XIII: INDUSTRIAL DESIGN
Chapter XIII governs industrial design registration with the following main points: Definition of
Industrial Design (Section 112), It encompasses compositions of lines, colors, or three-
dimensional forms that provide a distinct appearance to an industrial product or handicraft.
Substantive Conditions for Protection (Section 113), Industrial designs must be new or original
and not solely dictated by technical considerations or against public order, health, or morals.
Contents of the Application (Section 114), Applications must include necessary information,
such as identifying the applicant, specifying the article the design will be applied to, providing
representations of the design, and indicating the creator's name and address. Examination and
Registration (Sections 116 and 117), The office examines applications for compliance with
conditions, and if fulfilled, orders registration. The registration term is five years, renewable for
two consecutive periods of five years each. Application of Other Sections and Chapters (Section
119), Certain provisions relating to patents apply to industrial design registration, and
protection cannot be claimed if the design was obtained without consent from another person.
Cancellation of Design Registration (Section 120), Any person can petition for cancellation of
industrial design registration if the design is not registrable, not new, or extends beyond the
original application content.

PART III: THE LAW ON TRADEMARKS, SEVICE MARKS AND TRADE NAMES
Part III of the law details regulations concerning trademarks, service marks, and trade names in
the Philippines. It covers definitions, acquisition of rights through registration, criteria for
registrability, application requirements, priority rights, examination, publication, and opposition
procedures. Additionally, it outlines the issuance and publication of registration certificates,
including the registration process, publication, inspection, duration, renewal, rights conferred,
assignment, licensing, transfer, cancellation, rectification, infringement, remedies, limitations,
exceptions, rights of foreign corporations, and enforcement by customs authorities. Collective
marks are also addressed, with provisions for registration, agreements, cancellation, and
penalties for unfair competition and false designations of origin. Penalties for trademark
infringements include imprisonment and fines.

PART IV: THE LAW ON COPYRIGHT

CHAPTER I: PRELIMINARY PROVISIONS
Chapter 1 of the Copyright Law defines key terms like "author" and "communication to the
public" and outlines the scope of protected works, including literary, artistic, and computer-
related creations. It emphasizes the automatic protection of works upon creation, regardless of
their form or content. Additionally, the chapter discusses derivative works, such as adaptations
and collections, as well as the copyright of published editions. It also identifies categories of
works not protected under the law and clarifies the copyright status of works created by the
government, specifying conditions for their use and exceptions for certain types of
governmental content.
CHAPTER II: ORIGINAL WORKS
Chapter II introduces the concept of original works protected by copyright law. It covers various
forms of literary and artistic creations, including books, music, paintings, computer programs,
and more. These works are protected from the moment of their creation, regardless of their
mode or form of expression.

CHAPTER III: DERIVATIVE WORKS

Chapter III discusses derivative works, which are adaptations or alterations of existing literary or
artistic works. This chapter also includes collections and compilations of original content.
Derivative works are protected under copyright law as new works, but they do not affect the
copyright status of the original works used in their creation.

CHAPTER IV: WORKS NOT PROTECTED

Chapter IV outlines the limitations of copyright protection. It specifies that copyright does not
extend to ideas, procedures, systems, or official texts of a legislative or legal nature.
Additionally, works created by the government of the Philippines are not subject to copyright,
although exploitation for profit may require prior approval and payment of royalties. However,
certain exceptions exist for speeches and other public domain works.

CHAPTER V: COPYRIGHTS OR ECONOMIC RIGHTS

Chapter VI outlines the rules regarding copyright ownership:
Copyright belongs to the author for original works, except in specific cases like joint authorship
or works created during employment. Joint authors share copyright unless otherwise agreed
upon. Employers may own the copyright for works created by employees within the scope of
their duties, unless otherwise stipulated. Commissioned works generally belong to the
commissioner, but the creator retains copyright unless agreed otherwise. In audiovisual works,
various contributors may share copyright. Copyright for letters belongs to the writer.

CHAPTER VI: OWNERSHIP OF COPYRIGHT

Chapter VII discusses the transfer or assignment of copyright: Copyright can be assigned in
whole or in part, with the assignee gaining the same rights and remedies as the original owner.
A written indication of intent is required for a valid assignment. Submission of works to
publications typically grants only a license for a single publication. Copyright is distinct from the
material object, meaning ownership of the physical copy doesn't equate to copyright
ownership. Assignments or licenses can be filed with the National Library for registration.

CHAPTER VII: TRANSFER OR ASSIGNMENT OF COPYRIGHT

Chapter VII discusses the transfer or assignment of copyright: Copyright can be assigned in
whole or in part, with the assignee gaining the same rights and remedies as the original owner.
A written indication of intent is required for a valid assignment. Submission of works to
publications typically grants only a license for a single publication. Copyright is distinct from the
material object, meaning ownership of the physical copy doesn't equate to copyright
ownership. Assignments or licenses can be filed with the National Library for registration.

CHAPTER VIII: LIMITATIONS ON COPYRIGHT

Chapter VIII covers limitations on copyright, including fair use: Certain acts, like private
performances or reproductions for research, criticism, or teaching, are not considered copyright
infringement. Factors such as purpose, nature of the work, and effect on the market are
considered in determining fair use. Copyright in architecture includes control over building
construction. Reproduction of published works for personal study or use in libraries is allowed
under certain conditions. Specific exceptions apply to computer programs and imported copies
for personal purposes.

CHAPTER IX: DEPOSIT AND NOTICE

Chapter IX addresses deposit and notice requirements: Works must be registered and deposited
with the National Library and Supreme Court Library within three weeks of public
dissemination. A notice of copyright, including the owner's name and the year of publication,
must be included in copies of published works.

CHAPTER X: MORAL RIGHTS

Scope of Moral Rights (Section 193): Authors have rights to be attributed, control alterations,
prevent derogatory treatment, and restrain unauthorized use of their name. Breach of Contract
(Section 194): Authors can't be forced to create or publish works but may be liable for breaching
contracts. Waiver of Moral Rights (Section 195): Authors can waive rights but not to allow
misuse of their name or be associated with works they didn't create. Contribution to Collective
Work (Section 196): Authors waive attribution rights unless expressly reserved. Editing,
Arranging, and Adaptation (Section 197): Reasonable editing and adaptation standards are
allowed. Term of Moral Rights (Section 198): Lasts during the author's life and 50 years after
death, non-assignable. Enforcement Remedies (Section 199): Violations grant similar rights and
remedies as copyright infringement.

CHAPTER XI: RIGHTS TO PROCEEDS IN SUBSEQUENT TRANSFERS

Sale or Lease of Work (Section 200): Authors or heirs have a 5% inalienable right to proceeds
from subsequent sales or leases.
Works Not Covered (Section 201): Provisions don't apply to certain works primarily profiting
from reproductions.

CHAPTER XII: RIGHTS OF PERFORMERS, PRODUCERS OF SOUNDS RECORDINGS AND

BROADCASTING ORGANIZATIONS
Definitions (Section 202): Clarifies terms for performers, sound recordings, etc.
Scope of Performers' Rights (Section 203): Includes exclusive rights to authorize performances,
reproductions, distributions, rentals, and online access.
Moral Rights of Performers (Section 204): Includes right to be identified and object to
distortions.
Additional Remuneration for Subsequent Communications or Broadcasts (Section 206):
Performers entitled to additional payment for subsequent broadcasts.
Contract Terms (Section 207): Performers can negotiate more favorable terms.

CHAPTER XIII: PRODUCERS OF SOUND RECORDINGS

Scope of Right (Section 208): Producers have exclusive rights to authorize reproductions,
distributions, and rentals.
Communication to the Public (Section 209): Equitable remuneration for performers and
producers if recordings are used commercially.
Limitation of Right (Section 210): Certain sections apply to producers.
 CHAPTER XIV: BROADCASTING ORGANIZATIONS
Scope of Right (Section 211): Includes controlling rebroadcasts and recordings for fresh
transmissions.
CHAPTER XV: LIMITATIONS ON PROTECTION
Section 212 outlines limitations on copyright and related rights, such as personal use, reporting
current events with short excerpts, educational and scientific purposes, and fair use of
broadcasts under Section 185 conditions.

CHAPTER XVI: TERM OF PROTECTION

Section 213 specifies the duration of copyright protection, which generally lasts during the
author's life plus 50 years, except for joint authorship, anonymous or pseudonymous works,
works of applied art, photographic works, and audio-visual works, each with specific terms.

CHAPTER XVII: INFRINGEMENT

Section 216 details remedies for copyright infringement, including injunctions, damages,
impounding infringing articles, destruction of infringing copies, and other equitable remedies.
Criminal penalties for infringement are outlined in Section 217.

CHAPTER XVIII: SCOPE OF APPLICATION

Sections 221 to 224 define the application of copyright and related rights to various works,
performers, producers, and broadcasting organizations based on nationality, place of
performance, publication, or transmission.

CHAPTER XIX: INSTITUTION OF ACTIONS

Section 225 assigns jurisdiction for copyright actions to courts with appropriate jurisdiction.
Section 226 establishes a four-year limit for recovering damages under copyright law.

CHAPTER XX: MISCELLANEOUS PROVISIONS | PART V: FINAL PROVISIONS

Sections 227 to 241 cover various miscellaneous provisions, including ownership of deposits,
public access to records, fees, equitable principles, reverse reciprocity of foreign laws, appeals,
organizational matters, preservation of existing rights, Berne Convention compliance,
appropriations, repeals, separability, and the effective date of the law.