about patents, um, id

7/27/2019 About Patents, Um, Id

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ABOUT PATENTS

A Patent is a grant issued by the government through the

Intellectual Property Office of the Philippines (IPPhilippines). It is an exclusive right granted for a product,process or an improvement of a product or process whichis new, inventive and useful. This exclusive right gives theinventor the right to exclude others from making, using, orselling the product of his invention during the life of thepatent.

A patent has a term of protection of twenty (20) years

providing an inventor significant commercial gain. Inreturn, the patent owner must share the full description ofthe invention. This information is made available to thepublic in the form of the Intellectual Property OfficialGazette and can be utilized as basis for future researchand will in turn promote innovation and development.

Patentable inventions offer a technical solution to aproblem in any field of human activity. However, theories,mathematical methods, methods of treatment and artisticcreations are Non-Patentable inventions.

PATENTABLE INVENTIONS

A Technical Solution to a Problem In any field of human activity It must be NEW It must involve an INVENTIVE STEP It must be INDUSTRIALLY APPLICABLE

Statutory Classes of Invention

A useful machine A product or composition A method or process, or An improvement of any of the foregoing

Microorganism Non-biological & microbiological process

Non-Patentable Inventions


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Discovery Scientific theory Mathematical methods

Scheme, rule and method of performing mental act playing games doing business program for computer Method for treatment human or animal body by

surgery or therapy & diagnostic method Plant variety or animal breed or essentially

biological processes for the production of plants and

animals Aesthetic creation Contrary to public order or morality (Sec. 22, IP

Code )

REQUIREMENT FOR PATENTABILITY

NOVELTY INVENTIVE STEP

INDUSTRIAL APPLICABILITY

INVENTIVE STEPAn invention involves an inventive step, if having regardto prior art

it is not obvious to a person skilled in the art

OBVIOUSNESS

Not beyond normal progress of technology Follows plainly or logically from the prior art Does not require any skill or ability beyond that

to be expected of the person skilled in the art

SKILLED PERSON

Ordinary practitioner who is Aware of common

general knowledge in specific art Has access to everything disclosed as the state

of the art


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Observes developments in related technicalfield

Who may apply for a Patent?

Natural person Juridical person

a body of persons, a corporation, a partnership,or other legal entity recognized by law

Requirements for Filing a Patent

1. Request for the Grant of Patent2. Description of the Invention (Specification and

Claim/s)3. Drawings necessary for the Invention (if any)4. Filing Fee

CONTENTS OF THE SPECIFICATION

1. Title of the Invention2. Abstract of the Disclosure3. Background of the Invention4. Summary of the Invention5. Brief Description of the Drawings6. Detailed Description7. Claim/s

Who prepares the Patent Application?

Applicant or InventorFirst obtain practical ideas as to how

specification and claims are drafted by perusal and studyof patents previously granted on related invention in theIPP Library or to any IP website.

ABOUT UTILITY MODELS

A Utility Model is a protection option, which is designed toprotect innovations that are not sufficiently inventive tomeet the inventive threshold required for standardpatents application. It may be any useful machine,


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implement, tools, product, composition, process,improvement or part of the same, That is of practicalutility, novelty and industrial applicability. A utility modelis entitled to seven (7) years of protection from the date of

filing, with no possibility of renewal.

Utility model registration is intended to accommodatelocal industries, small businesses or entities by providingan industrial property right that is relatively inexpensive,quick, easy to obtain and suited to innovations havingshort commercial life. Utility model registration is a usefultool in supporting the first to market place advantage. Itpromotes progress of technology and encourages

innovation among small to medium businesses and thelocal industry.

It is inexpensive and easy to obtain, however it can't beenforced until after examination has been carried out andthe registration is certified. A utility model is examined todetermine if it meets the requirements embodied in theexisting Utility Model law and its Implementing Rules andRegulations (IRR). It need not undergo substantiveexamination before it is certified.

You can apply for Utility Model registration directly withthe IP Philippines. An application for registration shouldcontain a duly accomplished request for registration asprescribed by the Bureau, specification or descriptioncontaining the following: (a). title; (b) technical field; (c).background of the Utility Model; (d) brief description of theseveral views of the drawings, if any; (e) detaileddescription; (f) claim or claims; (g) drawings, if any; and(h) abstract of the disclosure.

ABOUT INDUSTRIAL DESIGN

An industrial design is the ornamental or aesthetic aspectof an article. The design may consist of three-dimensional

features, such as the shape or surface of an article, or oftwo-dimensional features, such as patterns, lines or color.Industrial designs are applied to a wide variety of productsof industry and handicraft: from technical and medicalinstruments to watches, jewelry, and other luxury items;from house wares and electrical appliances to vehicles;from textile designs to leisure goods. To be protected


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under most national laws, an industrial design must benon-functional. This means that an industrial design isprimarily of an aesthetic nature and any technical featuresof the article to which it is applied are not protected.

When an industrial design is protected, the owner theperson or entity that has registered the design isassured an exclusive right against unauthorized copyingor imitation of the design by third parties. This helps toensure a fair return on investment. An effective system ofprotection also benefits consumers and the public atlarge, by promoting fair competition and honest tradepractices, encouraging creativity, and promoting more

aesthetically attractive products.

Protecting industrial designs helps economicdevelopment, by encouraging creativity in the industrialand manufacturing sectors, as well as in traditional artsand crafts. They contribute to the expansion ofcommercial activities and the export of national products.Industrial designs can be relatively simple andinexpensive to develop and protect. They are reasonably

accessible to small and medium-sized enterprises as wellas to individual artists and craftsmen, in bothindustrialized and developing countries.

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