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. Title of the Invention
2. Abstract of the Disclosure
3. Background of the Invention
4. Summary of the Invention
5. Brief Description of the Drawings
6. Detailed Description
7. 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.
