Professional Documents
Culture Documents
Del Rosario Vs CA
Del Rosario Vs CA
_______________
* SECOND DIVISION.
http://www.central.com.ph/sfsreader/session/00000168565012071d5bf2e5003600fb002c009e/p/APF345/?username=Guest Page 1 of 13
SUPREME COURT REPORTS ANNOTATED VOLUME 286 16/01/2019, 7*06 PM
14
Same; Same; Same; A person or entity who has not been granted
letters patent over an invention and has not acquired any right or
title thereto either as assignee or as licensee, has no cause of action
for infringement because the right to maintain an infringement suit
depends on the existence of the patent.·Moreover, there can be no
infringement of a patent until a patent has been issued, since
whatever right one has to the invention covered by the patent arises
alone from the grant of patent. In short, a person or entity who has
not been granted letters patent over an invention and has not
acquired any right or title thereto either as assignee or as licensee,
has no cause of action for infringement because the right to
maintain an infringement suit depends on the existence of the
patent.
Same; Same; Same; A person claiming to be an inventor of an
article has no right of property over the same upon which it can
maintain a suit unless it obtains a patent therefor.·Petitioner
admits it has no patent over its aerial fuze. Therefore, it has no
legal basis or cause of action to institute the petition for injunction
and damages arising from the alleged infringement by private
respondent. While petitioner claims to be the first inventor of the
aerial fuze, still it has no right of property over the same upon
which it can maintain a suit unless it obtains a patent therefor.
Under American jurisprudence, an inventor has no common-law
right to a monopoly of his invention. He has the right to make, use
and vend his own invention, but if he voluntarily discloses it, such
as by offering it for sale, the world is free to copy and use it with
impunity. A patent, however, gives the inventor the right to exclude
all others. As a patentee, he has the exclusive right of making,
using or selling the invention.
Same; Same; Same; Anyone who has no patent over an
invention but claims to have a right or interest thereto can not file an
action for declaratory judgment or injunctive suit which is not
recognized in this jurisdiction but he can, under Section 28 of the
Patent Law, file a petition for cancellation of the patent within three
http://www.central.com.ph/sfsreader/session/00000168565012071d5bf2e5003600fb002c009e/p/APF345/?username=Guest Page 2 of 13
SUPREME COURT REPORTS ANNOTATED VOLUME 286 16/01/2019, 7*06 PM
(3) years from the publication of the patent with the Director of
Patents.·Further, the remedy of declaratory judgment or injunctive
suit on patent invalidity relied upon by petitioner cannot be likened
to the civil action for infringement under Section 42 of the Patent
Law. The reason for this is that the said remedy is available only to
the patent holder or his successors-in-interest. Thus, anyone who
has no patent over an invention but claims to have a right or inter-
15
MARTINEZ, J.:
1
This petition for review on certiorari assails the decision of
http://www.central.com.ph/sfsreader/session/00000168565012071d5bf2e5003600fb002c009e/p/APF345/?username=Guest Page 3 of 13
SUPREME COURT REPORTS ANNOTATED VOLUME 286 16/01/2019, 7*06 PM
_______________
1 Rollo, p. 61. The decision of the Court of Appeals was penned by Justice
Gloria C. Paras and concurred in by Justice Salome A. Montoya and Justice
Hector L. Hofileña.
16
http://www.central.com.ph/sfsreader/session/00000168565012071d5bf2e5003600fb002c009e/p/APF345/?username=Guest Page 4 of 13
SUPREME COURT REPORTS ANNOTATED VOLUME 286 16/01/2019, 7*06 PM
_______________
2 Rollo, p. 131.
3 Id., p. 137.
4 Id., p. 154.
5 Id., pp. 155-156.
6 Rollo, pp. 71-80.
17
http://www.central.com.ph/sfsreader/session/00000168565012071d5bf2e5003600fb002c009e/p/APF345/?username=Guest Page 5 of 13
SUPREME COURT REPORTS ANNOTATED VOLUME 286 16/01/2019, 7*06 PM
_______________
18
http://www.central.com.ph/sfsreader/session/00000168565012071d5bf2e5003600fb002c009e/p/APF345/?username=Guest Page 6 of 13
SUPREME COURT REPORTS ANNOTATED VOLUME 286 16/01/2019, 7*06 PM
_______________
19
http://www.central.com.ph/sfsreader/session/00000168565012071d5bf2e5003600fb002c009e/p/APF345/?username=Guest Page 7 of 13
SUPREME COURT REPORTS ANNOTATED VOLUME 286 16/01/2019, 7*06 PM
aerial fuzes PDR 77 CB4 which was ordered stopped through the
defendantÊs letter. With the issuance of the order, the operations of
the plaintiff continue. Lastly, this court believes that the defendant
will not suffer irreparable injury by virtue of said order. The
defendantÊs claim is primarily hinged on its patent (Letters Patent
No. UM-6983) the validity of which is being questioned in this case.
WHEREFORE, premises considered, the Motion for
Reconsideration is hereby denied for lack of merit.
SO ORDERED.‰
_______________
http://www.central.com.ph/sfsreader/session/00000168565012071d5bf2e5003600fb002c009e/p/APF345/?username=Guest Page 8 of 13
SUPREME COURT REPORTS ANNOTATED VOLUME 286 16/01/2019, 7*06 PM
20
http://www.central.com.ph/sfsreader/session/00000168565012071d5bf2e5003600fb002c009e/p/APF345/?username=Guest Page 9 of 13
SUPREME COURT REPORTS ANNOTATED VOLUME 286 16/01/2019, 7*06 PM
for infringement
_______________
11 Rollo, p. 69.
21
http://www.central.com.ph/sfsreader/session/00000168565012071d5bf2e5003600fb002c009e/p/APF345/?username=Guest Page 10 of 13
SUPREME COURT REPORTS ANNOTATED VOLUME 286 16/01/2019, 7*06 PM
_______________
22
http://www.central.com.ph/sfsreader/session/00000168565012071d5bf2e5003600fb002c009e/p/APF345/?username=Guest Page 11 of 13
SUPREME COURT REPORTS ANNOTATED VOLUME 286 16/01/2019, 7*06 PM
_______________
23
http://www.central.com.ph/sfsreader/session/00000168565012071d5bf2e5003600fb002c009e/p/APF345/?username=Guest Page 12 of 13
SUPREME COURT REPORTS ANNOTATED VOLUME 286 16/01/2019, 7*06 PM
··o0o··
24
http://www.central.com.ph/sfsreader/session/00000168565012071d5bf2e5003600fb002c009e/p/APF345/?username=Guest Page 13 of 13