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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Republic Act No. 8293 or the Intellectual Property Code of the Philippines shall protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people. (Section 2, Part I, Intellectual Property Code)
The State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity, facilitates transfer of technology, attracts foreign investments, and ensures market access for our products. It shall protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such periods as provided in the Intellectual Property Code. (Section 2, Part I, Intellectual Property Code)
Inventions and useful technologies are protected through patents. Under the law, patents protect the interests of inventors and ensures control of commercial use of such inventions.
The right to a patent belongs to the inventor, his heirs, or his assigns. (Section 28, Chapter II, Part II, Intellectual Property Code)
An inventor who has a patent has the right to prevent others from making, using or selling his technology. This provides economic opportunity for inventors to sell, open to the market or otherwise use the license of their patented inventions.
Patentable Inventions refers to any technical solution of a problem in any field of human activity, which is new, involves an inventive step, and is industrially applicable.
The law says:
“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.” (Section 21, Chapter II, Part II, Intellectual Property Code)
The case of E.I. Dupont de Nemours and Co. v. Director Emma C. Francisco, G.R. No. 174379, August 31, 2016 provides that:
“A patent is granted to provide rights and protection to the inventor after an invention is disclosed to the public. It also seeks to restrain and prevent unauthorized persons from unjustly profiting from a protected invention.”
Given the protection they offer, patents make information concerning patented inventions known to the public. Jurisprudence says:
“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.” (Angelita Manzano v. Court of Appeals, G.R. No. 113388, September 5, 1997)
Read also: Patentable and Non-Patentable Inventions
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