patents - summary guideline
DESCRIPTION
IP guideTRANSCRIPT
PATENTS LAW LECTURE: SUMMARY GUIDELINE1. What is a patent?2. How is a patent to invention different from utility model and design registrations?
3. Term or period of protection of Invention, utility model and design :4. What cannot be subject of patent : (Sec. 22, IP Code )5. Patentable inventions; What are the requisites for invention to be patentable?6. Read case: Conrado de Leon vs. Domiciano Aguas and F.H. Aquino & Sons, G.R. No. L-32160, Jan. 30, 19827. Who may apply for a patent?8. Requirements for filing a patent.9. Who owns the right to a patent ? (Secs. 28 30, RA 8293)10. Who has the right to the patent if there two or more persons who made the same invention, separately or indenpendently? (Sec. 29, RA 8293 - FIRST TO FILE RULE)11. Who has the right to the patent if there are two or more persons who made the same invention, separately or indenpendently ? (Sec. 29, RA 8293 - FIRST TO FILE RULE)12. What are the rights of a patentee? ( Sec. 71. Rights Conferred by Patent )13. Reliefs that owners of patents may seek under the IP law in case of patent infringement ? Rules of Proc. In IPR Cases Sec. 76.2 (Patent) Sec.108 (Utility Model) Sec. 119 (Ind. Design) Sec. 76.2 Sec. 76.5 Sec. 82 Sec. 84
14. Sec. 79. Limitation of action for damages.15. Sec. 80. Damages; Requirement of notice.16. . Can a foreign person or entity sue for protection/enforcement of its patent rights in the Philippines even if not registered or issued a letters patent by the Philippine IPO, and not licensed to do business in the Philippines? Sec. 7717. Who bears the burden of proof (onus probandi)? Sec. 78. Process patents; Burden of proof.18. How is the scope of protection against patent infringement determined ?19. Two (2) tests used to determine fact of infringement: Explain (1) Literal Infringement, (2) Doctrine of Equivalents20. Read case: Carlos Gsell v. Valeriano Yap-Jue, (G.R No. 4720, Jan. 19, 1909) REFERENCES: a. R.A. 8293, Intellectual Property Codeb. www.ipophil.gov.phc. Patents under the Intellectual Property Code Atty. Vicente B. Amador