Patentable inventions are any technical solutions to a problem in any field of human activity that is new, that involves an inventive step, and that is industrially applicable. It may be, or may relate to, a product, process or any improvement of thereof.
An invention is considered new if it does not form part of a prior art. An invention involves an inventive step if, having regard to a 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. An invention that can be produced and used in any industry shall be industrially applicable.
The term is 20 years from date of filing of the application.
One may file a patent through Patent Cooperation Treaty (PCT) or through a direct filing with the Intellectual Property Office.
To enter the national phase and get a date of entry, the PCT applicant must furnish the Intellectual Property Office (IPO), not later than thirty (30) months from the priority date under Art. 22 (as amended by IPO Office Order) or Art 39(1)(a), the following:
A utility model sought for protection must be a technical solution to a problem in any field of human activity that is new and that is industrially applicable. It may be, or may relate to, a product, process or any improvement thereof.
The term of protection of a utility model is seven years from the date of filing of the application without any possibility of renewal.
Yes. At any time before the grant or refusal of an invention patent and upon payment of the prescribed fee, the invention application may be converted into an application for utility model registration, which shall be accorded the filing date of the initial application. Likewise, a patent applicant may, at any time before the grant or refusal of a utility model registration and upon payment of the prescribed fee, convert his utility model application into an invention patent application, which shall be accorded the filing date of the initial application. An application may be converted only once.
An industrial design sought for protection must be 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 or can serve as a pattern for an industrial product or handicraft. Industrial designs dictated essentially by technical or functional considerations to obtain a technical result or those that are contrary to public order, health or morals are not protected.
Industrial designs are protected for a period of five (5) years from the filing date of the application. The registration may be renewed for not more than two (2) consecutive periods of five (5) years each by paying the renewal fee. The renewal fee shall be paid within twelve (12) months preceding the expiration of the period of registration. However, a grace period of six (6) months may be granted for the payment of the fees after such expiration, upon payment of a surcharge.
Lay-out designs of integrated circuits are protected for a period of ten (10) years, without renewal, to be counted from the date of commencement of the protection accorded to the layout-design.
A copyright is protected upon the moment of creation. However, for evidentiary purposes, a copyright deposit may be filed with the Intellectual Property Office or the National Library of the Philippines.
Generally, a copyright is protected from the moment of creation of the work until fifty (50) years after the death of the author or creator.
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