ABOUT PATENTS

A Patent is a grant issued by the government through the Intellectual Property Office of the Philippines (IP Philippines). It is an exclusive right granted for a product, process or an improvement of a product or process which is new, inventive and useful. This exclusive right gives the inventor the right to exclude others from making, using, or selling the product of his invention during the life of the patent. A patent has a term of protection of twenty (20) years providing an inventor significant commercial gain. In return, the patent owner must share the full description of the invention. This information is made available to the public in the form of the Intellectual Property Official Gazette and can be utilized as basis for future research and will in turn promote innovation and development. Patentable inventions offer a technical solution to a problem in any field of human activity. However, theories, mathematical methods, methods of treatment and artistic creations 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

 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 STEP An invention involves an inventive step, if having regard to 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

 Observes developments in related technical field 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 Patent 2. Description of the Invention (Specification and Claim/s) 3. Drawings necessary for the Invention (if any) 4. Filing Fee CONTENTS OF THE SPECIFICATION 1. 2. 3. 4. 5. 6. 7. Title of the Invention Abstract of the Disclosure Background of the Invention Summary of the Invention Brief Description of the Drawings Detailed Description Claim/s

Who prepares the Patent Application? Applicant or Inventor First obtain practical ideas as to how specification and claims are drafted by perusal and study of patents previously granted on related invention in the IPP Library or to any IP website.

ABOUT UTILITY MODELS

A Utility Model is a protection option, which is designed to protect innovations that are not sufficiently inventive to meet the inventive threshold required for standard patents application. It may be any useful machine,

implement, tools, product, composition, process, improvement or part of the same, That is of practical utility, novelty and industrial applicability. A utility model is entitled to seven (7) years of protection from the date of filing, with no possibility of renewal. Utility model registration is intended to accommodate local industries, small businesses or entities by providing an industrial property right that is relatively inexpensive, quick, easy to obtain and suited to innovations having short commercial life. Utility model registration is a useful tool in supporting the first to market place advantage. It promotes progress of technology and encourages innovation among small to medium businesses and the local industry. It is inexpensive and easy to obtain, however it can't be enforced until after examination has been carried out and the registration is certified. A utility model is examined to determine if it meets the requirements embodied in the existing Utility Model law and its Implementing Rules and Regulations (IRR). It need not undergo substantive examination before it is certified. You can apply for Utility Model registration directly with the IP Philippines. An application for registration should contain a duly accomplished request for registration as prescribed by the Bureau, specification or description containing the following: (a). title; (b) technical field; (c). background of the Utility Model; (d) brief description of the several views of the drawings, if any; (e) detailed description; (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 aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color. Industrial designs are applied to a wide variety of products of industry and handicraft: from technical and medical instruments to watches, jewelry, and other luxury items; from house wares and electrical appliances to vehicles; from textile designs to leisure goods. To be protected

under most national laws, an industrial design must be non-functional. This means that an industrial design is primarily of an aesthetic nature and any technical features of the article to which it is applied are not protected. When an industrial design is protected, the owner the person or entity that has registered the design is assured an exclusive right against unauthorized copying or imitation of the design by third parties. This helps to ensure a fair return on investment. An effective system of protection also benefits consumers and the public at large, by promoting fair competition and honest trade practices, encouraging creativity, and promoting more aesthetically attractive products. Protecting industrial designs helps economic development, by encouraging creativity in the industrial and manufacturing sectors, as well as in traditional arts and crafts. They contribute to the expansion of commercial activities and the export of national products. Industrial designs can be relatively simple and inexpensive to develop and protect. They are reasonably accessible to small and medium-sized enterprises as well as to individual artists and craftsmen, in both industrialized and developing countries.