PATENTS

What is a patent?
A patent is an exclusive right granted by the state through the IPOPHL to a
patent owner for a product, process of an improvement of a product or process for a
specified period. In return, the patent owner discloses the invention details in his
application published in the Intellectual Property Office Gazette. Technological
information is made available to the public promotes innovation and development.
Characteristics of a patent
1. It prevents others from making, using, selling, offering for sale or importing the
claimed invention.
2. It has a life of 20 years.
3. It is only within the Philippines and its boundaries.
4. With no.3 in place, there is no such thing as a worldwide patent.
The benefits of a patent
1. The patent gains entry to a market.
2. At the same time, it excludes others from the market.
3. The patent can be used as a marketing and advertising tool.
What can be patented?
These are the products/services that can be patented:
1. A process/method/use (ex. the slide to unlock function)
2. Product composition (ex. the lagundi in cough syrups)
3. Computer-related products (but not computer programs)
4. Improvement over an existing product
What cannot be patented?
1. Computer programs
2. Literary works (instead they are protected under copyright)
3. Common processes (such as mathematical formulas)
4. Methods of medical treatment (such as surgeries)
Patentability Requirements
In order to the registered as a patent, the patent must be:
1. New (not parts of old, known objects)
2. Inventive (should not be obvious to the skill to the inventor)
3. Capable of industrial application (can be used and reproduced in the industry)
UTILITY MODELS
Characteristics of Utility Models
 It is a petty patent, meaning it is a mini-version of a person (not literally)
 It gives only seven years of protection.
  It only needs examination as to form
 It does not need an inspection unlike patents.
 It is simple and faster.
 It is cheaper to obtain and maintain.
 It needs no inventive step in the patentability requirements.
INDUSTRIAL DESIGNS
It only relies out the outside composition, or design of a specific object. It
consists of compositions that lend a special appearance to and serve as a pattern for
industrial products or handicrafts. It has a protection of five years, and it can be
renewed for two consecutive periods of five years.