PATENT GENERAL PATENT PRINCIPLES

Territoriality
08/23/19 -
Exclusivity
Intellectual Property - MOUSI
General Body of Knowledge - Generally, IP rights are negative rights because it
- Patents gives the holder rights to exclude others
- Copyright Limited Rights
- Non-traditional IP – traditional knowledge, - Granted for a limited period subject to limitaions
folklore, cultural on account of public policu, public health
- Trademarks Conditional
- Plant Variety Reciprocity
- Geographical Indication - Contracting party to a convention or Ttreaty will
- Undisclosed Information – trade secrets extend reciprocal rights to a national or
domiciliary of another contracting party
o While they may be part of IP, they are - National or domiciliary has a real and effective
carved out of IP because of public policy industrial establishment
articulated by the State - Requsiit
o There are limitations to these rights o There is a convention or a treaty where
which would serve public policy the parties are signatories
- Extent of protection
From the general body of knowledge, you take out o Treaty/Convention + rights under the IP
intellectual property rights code
- Disclose it to the public – to incentivize further First to File
innovation and creation - Recognizeds the first applicant who filed the
application
Intellectual property o Before, it was first to invent
- Creations of the mind o There was a shift because there would be
- Further divided into two problems on ownership – there is a lot of
o Industrial property uncertainty because it would be
 Patents, trademarks, industrial evidentiary at the end of the day
designs - The PH recognizes the priority in right between
o Copyright two inventors who invented the same invention
o But this is not really legally impossible
Kinds of Patents
Inventions/Utility Patents Disclosure Principle
- Any technical solution to a problem in any field of - Core of the patent system because it’s supposed
human activity must be new, involves and to incentivize innovation and invention in
inventive step and is industrially applicable exchange for the disclosure of the information
- Products or process or an improvement of either with regards to the patent
-
Utility models Generally, IP rights are negative rights to exclude others.
- Technical solution to a problem in any field of
human activity that must be new and industrially
applicable WIPO
- May or may not be new - Exclusive right granted for an invention that
provides a new way of doing something, or offers
If an invention is something obvious, technical result a new technical solution to a problem
naturally follows the elements – not new  utility model - Strongest type of IP – whole range of rights
o From making to selling
If you’re just integrating elements of existing art, it is not
inventive  utility models Origins
- Venetian Statute Mar 19 1474
Industrial design o Gave inventors certain rights so that
- Any composition of lines or colors or any three- others may not be able to copy
dimensional… o Given exclusive rights
- Protected because of their aesthetic value, not - Pre-Spanish Period
because of technical elements - Spanish Period
o Royal decrees on patent mandating that
Layout designs of integrated circuits all patents issued in Spain would also be
- Circuit boards in laptops or tablets effective in the Philippines
- American Period
 o Treaty of Paris
o Act 2235 US Patent laws applicable to
the PH
- Philippine Patent System
o RA 165 – Philippine Patent Office
o RA 864 0 grant of protection for utility
models
o RA 8293 – IP Code
 After we became members to the
WTO
o RA 9502
 Amended patentability of drugs
and medicines
o RA 9150
 Integrated circuits
o Treaties

Economic Rationale of the Patent System

Why is there a need for the Patent System?
- Because there is market failure
o Under-provision or overuse
o There would be certain activities that are
high risk – no sure return on the
investments
 Ex: pharmaceutical companies
 So if you let market forces work,
you will not be able to recover
your investments
- In a perfect market, you make certain
investments and you get the corresponding return
at the very least
- So that youre supposed to be incentivized by the
rights that are given to u
o Pharma  R&D for medicines  you
only get 2/100  exclusive rights
- Best solution is to give funds for R&D but it is not
sustainable  so patent system is needed