VIII.
INTELLECTUAL PROPERTY CODE (RA 8293)
A. Patents
1. Patentable vs. non-patentable inventions
PATENTABLE INVENTIONS
A patentable invention is any technical solution of a
problem in any field of human activity which is new,
involves an inventive step and is industrially applicable shall
be Patentable. It may be, or may relate to, a product, or
process, or an improvement of any of the foregoing. [Sec.
21, RA 8293]
INVENTION PATENT
Standards:
Novelty. —An invention shall not be considered new if it
forms part of a prior art. [Sec. 23, RA 8293]
Prior art shall consist of:
(1) Everything which has been made available to the
public anywhere in the world, before the filing
date or the priority date of the application
claiming the invention; [Sec. 24.1, RA 8293]
(2) The whole contents of an application for a patent,
utility model, or industrial design registration,
published in accordance with this Act, filed or
effective in the Philippines, with a filing or priority
date that is earlier than the filing or priority date
of the application:
Provided, That the application which has validly
claimed the filing date of an earlier application
under Section 31 of this Act, shall be prior art with
effect as of the filing date of such earlier
application: Provided further, That the applicant
or the inventor identified in both applications are
not one and the same. [Sec. 24.2, RA 8293]
Non-Prejudicial Disclosures: This is an exception to the
General Rule on Prior Art under Sec. 24. It provides that the
disclosure of the information contained in the application
during the 12 months preceding the filing date or the
priority date of the application shall not prejudice the
applicant on the ground of lack of novelty if such disclosure
was made by:
(1) The inventor
(2) A patent office and the information contained (1)
in another application filed by the inventor and
should not have been disclosed by the office, or
(2) in an application filed without the knowledge
or consent of the inventor by a third party which
obtained the information directly or indirectly
from the inventor
(3) A third party which obtained the information
directly or indirectly from the inventor [Sec. 25,
RA 8293]
(a) 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 at
the time of the filing date or priority date of
the application claiming the invention. [Sec.
26.1, RA 8293, as amended by RA 9502]
Cheaper Medicines Act: In case of drugs and
medicines, there is no inventive step if the
invention results from the mere discovery of
a new form or new property of a known
substance which does not result in
enhancement of the known efficacy of that
substance, or the mere discovery of any new
property or new use of a known substance
or the mere use of a known process unless
such known process results in a new product
that employs at least one reactant. [Sec.
26.2, RA 8293 as amended by RA 9502]
(b) Industrial Applicability. —An invention that
can be produced and used in any industry
shall be industrially applicable. [Sec. 27, RA
8293]
Utility
It is any technical solution of a problem in any field of
human activity which is new and industrially applicable.
Unlike an invention patent, a utility model need not be
inventive. The law merely requires that it be novel and
industrially applicable. [Sec. 109.1, RA 8293]
A utility model registration shall expire, without any
possibility of renewal, at the end of the seventh year after
the date of the filing of the application. [Sec. 109.3, RA
8293]
STATUTORY CLASSES OF UTILITY MODELS
A Utility Model may be, or may relate to:
(a) A useful machine;
(b) An implement or tool;
(c) A product or composition;
(d) A method or process; or
(e) An improvement of any of the foregoing. [Rule
201,
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Rules and Regulations on Utility Models and Industrial
Designs as amended]
6. Limitations on patent rights
GROUNDS FOR CANCELLATION OF UTILITY MODELS

(a) That the claimed invention does not qualify for

registration as a utility model and does not meet
7. Patent infringement
the requirements of registrability;
(b) That the description and the claims do not comply
with the prescribed requirements;
(c) That any drawing which is necessary for the B. Trademarks
understanding of the invention has not been
furnished;
(d) That the owner of the utility model registration is
not the inventor or his successor in title [Sec 1. Marks vs. collective marks vs. trade names
109.4, RA 8293]

INDUSTRIAL DESIGN
2. Acquisition of ownership
An industrial design is any composition of lines or colors or
any three-dimensional form, whether or not associated
with lines or colors: Provided that such composition or form
gives a special appearance to and can serve as pattern for a. Concept of actual use
an industrial product or handicraft. [Sec. 112.1, RA 8293 as
amended by RA 9150]

LAY-OUT DESIGNS (TOPOGRAPHIES) OF INTEGRATED

b. Effect of registration
CIRCUITS

Integrated Circuit means a product, in its final form, or an

intermediate form, in which the elements, at least one of
which is an active element and some or all of the
3. Non-registrable marks
interconnections are integrally formed in and/or on a piece
of material, and which is intended to perform an electronic
function. [Sec. 112.2, RA 8293 as amended by RA 9150]

Layout-Design is synonymous with 'Topography' and means

the three-dimensional disposition, however expressed, of
4. Well-known marks
the elements, at least one of which is an active element, and
of some or all of the interconnections of an integrated
circuit, or such a three-dimensional disposition prepared 5. Priority right
for an integrated circuit intended for manufacture. [Sec.
112.3, RA 8293 as amended by RA 9150]

2. Ownership of a patent 6. Rights conferred by registration

3. Grounds for cancellation of a patent 7. Cancellation of registration

4. Remedy of the true and actual inventor 8. Trademark infringement

5. Rights conferred by a patent 9. Unfair competition

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C. Copyrights

1. Copyrightable works

2. Non-copyrightable works

3. Rights conferred by copyright

4. Ownership of a copyright

5. Limitations on copyright

6. Doctrine of fair use

7. Copyright infringement