Republic Act No. 8293, otherwise known as The Intellectual Property Code of the Philippines lays down the rules and regulations that grant, and enforce patents in the Philippines. Patents may be granted to technical solutions such as an inventions, machines, devices, processes, or an improvement of any of the foregoing. The technical solution must be novel, innovative, and industrially useful. In order for a technical solution to be granted a patent, the inventor must file an application to the Bureau of Patents, which will examine, and in some cases, grant its approval. The law is designed as to foster domestic creativity, to attract foreign investors, and to motivate inventors to release their products for public access.
Types of Patents
Invention An invention must be a technical solution to issues in any field of human activity. It may come in may forms such as a product, a device, a machine, or a process. The invention must meet the following criteria in order to be considered as a patentable invention the solution: The solution must be new The solution must have an innovative step The solution must be industrially useful Products, processes, or an improvement of the foregoing, may relate to the technical solution. However, not all technical solutions may be considered as patentable inventions (Part 2, Rule 202 of the Philippine Republic Act No. 8293). Examples of these are the following: Aesthetic creations Abstract Ideas Discoveries, and other scientific theories Methods of treatment for the animal body or human body Animal breeds or plant varieties Computer programs Anything that is against public morality
Utility Model Similar to a patent, a utility model is a technical solution to issues present in any field of human activity. Utility models must also meet the criteria needed for inventions to be patentable. Furthermore, Utility models must be of practical utility through its form, configuration or composition. Novel tools, and products are common examples of objects that can be considered as utility models. The provisions that regulate the type of patentable inventions are also the provisions used to regulate utility models (Part 2, Rule 202 of the Philippine Republic Act No. 8293).
Industrial Design An industrial design gives a product or handicraft a distinct look. It may be 2-Dimensional (lines and colours), 3-Dimensional (shapes) or a combination of both. There are however industrial designs that are not patentable. Examples of these are the following: Mere schemes or decorations that are not part of the product or handicraft Designs that are only present to obtain technical results Anything that is against public morality, order and health
Philippine Law Within the Philippines, multiple laws have been passed towards maintaining the integrity and order of patents. The main law in the Philippines is Republic Act No. 8293 or the "Intellectual Property Code of the Philippines", however there exists multiple amendments towards certain articles in this law. Listed below are the major Philippine Laws directed towards patents and patentability in the country:
Republic Act No. 8293 Republic Act No. 8293 or the "Intellectual Property Code of the Philippines" is the primary law with regards to the copyright law of the Philippines as well as the establishment of the Intellectual Property Office of the Philippines.Republic Act No. 8293. Congress of the Philippines. June 6, 1997. Republic Act No. 8293 is an amendment of the Revised Penal Code of the Philippines and was legislated in 1997. The Intellectual Property Code of the Philippines encompasses Copyright and Related Rights, Enforcement of IP and Related Laws, Geographical Indications, Industrial Designs, Industrial Property, IP Regulatory Body, Layout Designs of Integrated Circuits, Patents of Inventions, Trade Names, Trademarks, Transfer of Technology, Undisclosed Information (Trade Secrets), and Utility Models.
Major Amendments to Republic Act No. 8293
Republic Act No. 9502 Republic Act No. 9502 or the "Universally Accessible and Quality Medicines Act of 2008" is an act that aims to provide cheaper and better quality medicines to the Filipino people. It is an amendment of Republic Act No. 8293, or the "Intellectual Property Code of the Philippines", Republic Act No. 6675, or the "Generics Act of 1988", and Republic Act No. 5921, or the "Pharmacy Law". The aim of Republic Act No. 9502 is to protect public health and public interest on circumstances of extreme urgency by adopting appropriate measures to promote and ensure access to affordable quality drugs and medicines for all. The Universally Accessible and Quality Medicines Act of 2008 also ensures that the Philippine Government will be able to regulate the prices of drugs and medicines, in the event that there is no longer an effective competition in the supply and demand of quality affordable drugs and medicines.
Republic Act No. 10055 Republic Act No. 10055, also known as the "Philippine Technology Transfer Act of 2009", is an act providing the framework and support system for the ownership, management and commercialization of the intellectual property generated from research and development funded by government and for other purposes. Republic Act No. 10055 was implemented in recognition of the fact that science, technology and innovation are essential for national development and progress. This act gives priority to research and development, invention, innovation and their utilization. It shall also encourage the widest and most systematic participation of all stakeholders in policy-making related to science and technology, and in the generation, transfer and utilization of intellectual property, especially for the benefit of the general public.
Due to this act, the Philippine Government shall facilitate the transfer and promote the utilization of intellectual property for the national benefit and shall call upon all research and development institutes and/or institutions that perform government-funded research and development to take on technology transfer as their strategic mission and to effectively translate results of government-funded R&D into useful products and services that will redound to the benefit of Filipinos, notwithstanding the income generated from intellectual property rights (IPRs) and technology transfer activities. This act also ensures on the proper management of intellectual property, development of capacity by RDIs to become self-sustaining and competitive, and on enhancing interaction and cooperation with the private sector, particularly small and medium enterprises through collaborative and contract research based on equitable, fair access, and mutual benefit for all involved partners. This is all to establish the means to ensure greater public access to technologies and knowledge generated from government-funded R&D while enabling, where appropriate, the management and protection of related intellectual property
Republic Act No. 10372 Republic Act No. 10372, also entitled as "An Act Amending Certain Provisions of Republic Act No. 8293, otherwise known as the ‘Intellectual Property Code of the Philippines', and for other purposes." This act was approved on February 28, 2013 and is a comprehensive amendment of certain articles and sections in Republic Act No. 8293.
International Law The Philippines is an active participant in international trade. The country is a member of the international trade organizations such as the World Trade Organization and the World Intellectual Property Organization. The country subscribes to a number of multilateral, regional, and bilateral treaties that facilitate the process of trade between multiple nations as well as to observe and uphold Intellectual property rights. Some of the notable treaties that the country participates in are the following:
Multilateral
TRIPS Agreement The TRIPS Agreement is a multilateral trade agreement mediated by the World Trade Organization that came into effect on 1 January 1995, on the same day the Philippines became a member of the WTO. It was borne out of the desire of the member states to "reduce distortions and impediments to international trade, taking into account the need to promote effective intellectual property rights (IPRs), and to ensure that measures to enforce IPRs do not themselves become barriers to legitimate trade." The agreement provides a framework of principles, rules and disciplines dealing with international trade as well as resolving trade related disputes among nations. The treaty also takes into account the needs of less developed member nations among others. It is recognized as one of the most comprehensive multilateral agreements on intellectual property.
Patent Cooperation Treaty (PCT) The Patent Cooperation Treaty (PCT) of 1970 is an international treaty participated upon by 148 member nations that allows applicants to simultaneously apply for patent protection for an invention within the participating countries. The Philippines was bound to the treaty on August 17, 2001. The international patent application is available to citizens or residents of the participating states by accomplishing the application at their respective national patent office or at the WIPO International Bureau. Accomplishing the application "has the effect of automatically designating all Contracting States bound by the PCT on the international filing date. The effect of the international application is the same in each designated State as if a national patent application had been filed with the national patent office of that State."
WIPO Copyright Treaty The WIPO Copyright Treaty of 1996 is a special agreement enacted by the members of the World Intellectual Property Organization that is concerned with new intellectual property issues that are not covered by predating treatises due to coming of the digital age. The treaty also concerns itself with the addition of subjects to be protected by copyright such as computer programs, databases, as well the rights to distribute these intellectual property. The treaty came into force in 2002.
For Specific Intellectual Property The Philippines is also a signatory in numerous other international treaties that are concerned with intellectual property within specific fields such as literature, art, music, industry, biology, and the licensing and distribution of multimedia, to name a few. Berne Convention for the Protection of Literary and Artistic Works (1886) Paris Convention for the Protection of Industrial Property (1883) Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (1977) Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (1961)
Regional
ASEAN Framework Agreement on Intellectual Property Cooperation The ASEAN Framework Agreement on Intellectual Property Cooperation is a treaty devised among the member nations of the Association of Southeast Asian Nations. The treaty was ratified in Bangkok, Thailand on December 15, 1995. The treaty seeks to foster cooperation among the member states to facilitate synergy and growth in the region however the treaty has yet to be implemented in force.
Bilateral
Economic Partnership Agreement between Japan and the Philippines The Economic Partnership Agreement between Japan and the Philippines was adopted on September 9, 2006 and went into force on December 11, 2008. It is a trade agreement between the countries of Japan and the Philippines with the aim of "liberalizing and facilitating trade in goods and services between both nations as well as to increase investment opportunities and strengthen protection for investments and investment activities."