Other than patentable invention, read about copyright law here: A Guide on Copyright Law
-
A Patent is granted to provide rights and protection to an inventor
-
A Patent is given after an invention is disclosed to the public
-
An idea of new invention alone cannot be patented.
Marconi is a good fellow. Let him continue. He is using seventeen of my patents.
These were the comments of the genius Nikola Tesla when Guglielmo Marconi successfully transmitted radio signals across the Atlantic. However, due to developing circumstances at that time, Nikola Tesla eventually sued Marconi for infringement on wireless patent. Nikola Tesla won.
In the Philippines, patent is governed by the Intellectual Property Law.
What is Patent?
The Supreme Court says:
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. However, ideas not covered by a patent are free for the public to use and exploit.
What is a patentable invention?
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 is patentable. It may be, or may relate to, a product, or process, or an improvement of the same.
An invention is not considered new if it forms part of a prior art. A prior art consists of everything which has been made available to the public anywhere in the world, before the filing date or priority date of the application claiming the invention ; and the whole contents of an application for patent, was published, filed or effective in the Philippines, with a filing or priority date that is earlier than the filing or priority date of the application.
An invention involves an inventive step if, having regard to the prior art, it is not obvious to a person skilled in the art of at the time of the filing date or priority date of the application claiming the invention. An invention is industrially applicable if it can be produced and used in any industry.
To repeat, any technical solution of a problem in any filed of human activity which is new, involves an inventive step and is industrially applicable is patentable.
However, the following is excluded from patent protection:
- Discoveries, scientific theories and mathematical methods;
- Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers;
- Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body. This provision shall not apply to products and composition for use in any of these methods;
- Plant varieties or animal breeds or essentially biological process for the production of plants or animals. This provision shall not apply to micro-organisms and non-biological and microbiological processes;
- Aesthetic creations; and
- Anything which is contrary to public order or morality.
Do note that the grant of patent is to provide protection to any inventor from any patent infringement. Once an invention has been disclosed to the public, only the patent holder has the exclusive right to manufacture, utilize, and market the invention.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
All rights reserved.
SUBSCRIBE NOW FOR MORE LEGAL UPDATES!
[email-subscribers-form id=”4″]