PATENTS

Patents
The exclusive right to exclude others from exploiting the
invention for 20 years from the filing date,i.e. to make, use, sell
or import an invention.

A temporary monopoly granted to an inventor by the government in return

for disclosing an invention.
 Inventor vs Public
The law attempts to strike an ideal balance between the two interests: The patent
system thus embodies a carefully crafted bargain for encouraging the creation and
disclosure of new useful and non-obvious advances in technology and design, in
return for the exclusive right to practice the invention for a number of years. The
inventor may keep his invention secret and reap its fruits indefinitely. In
consideration of its disclosure and the consequent benefit to the community, the
patent is granted. An exclusive enjoyment is guaranteed him for 17 years, but
upon expiration of that period, the knowledge of the invention inures to the
people, who are thus enabled to practice it and profit by its use. (Pearl & Dean, Phils.
Vs. Shoemart, Inc, et. Al. GR No. 148222, 409 SCRA 224, August 15, 2003)
 Inventor vs Public
Manzano vs CA, G.R. No. 113388, September 5, 1997

• The primary purpose of the patent system is not the reward of the
individual but the advancement of the arts and sciences. The
function of a patent is to add to the sum of useful knowledge and
one of the purposes of the patent system is to encourage
dissemination of information concerning discoveries and inventions.
Why are Patents necessary
The patent law has a three-fold purpose;
• first, patent law seeks to foster and reward invention;
• second, it promotes disclosures of inventions to stimulate
further innovation and to permit the public to practice the
invention once the patent expires;
• third, the stringent requirements for patent protection seek to
ensure that ideas in the public domain remain there for the free
use of the public
(Pearl & Dean, Phils. Vs. Shoemart, Inc, et. Al. GR No. 148222, August 15,
2003)
(E.I. Dupont De Nemours And Co. Vs. Dir. Francisco, Dir.Evasco And Therapharma,
Inc., G.R. No. 174379, August 31, 2016 ]
 Patentable Invention

• Invention is any technical solution to a problem

in any field of human activity which is

• New
• Involves an inventive step
• Industrially applicable

• Term of 20 years from filing date; without renewal

MAKE
CREATE
INNOVATE
 STATUTORY CLASSES
Of Invention/Utility Model

1. A useful machine (tractor)

2. A product (pharmaceutical products-
medicine)
3. A Process (cooking of jollibee chicken joy)
4. Improvement of any of the foregoing
5. Microorganism (tiny things not visible by the
naked eye extracted from something)
6. Non-biological or microbiological processes
(method of treating something – removal of
warts from plants)
NON-PATENTABLE INVENTIONS
1. Discoveries
2. Scientific theories
3. Mathematical methods
4. Schemes, rules and methods of
-performing mental acts
-playing games
-doing business
-programs for computers
5. Methods for treatment of the human or animal body
by surgery or therapy & diagnostic methods practised
on the human & animal body
NON-PATENTABLE INVENTIONS
6. Plant varieties or animal breeds or essentially
biological processes for the production of plants and
animals
7. Aesthetic creations
8. Contrary to public order or morality