Patent Flashcards
(18 cards)
What is the “Bureau”?
Bureau of Patents.
Who is the “Director”?
Director of Patents.
Who is the “Examiner”?
Patent examiner.
What constitutes prior art?
A1: Anything made public anywhere before the filing or priority date.
A2: Published patent/utility model/design apps in the Philippines filed earlier than the current app (unless same inventor/applicant).
What are “Regulations”?
Rules of Practice in Patent Cases.
What does “Patent application” mean?
Application for a patent for an invention (except in Chapters XII–XIII: utility model or industrial design).
What is “Priority date”?
Date of filing of the foreign application (under Sec. 31).
When is disclosure not prejudicial to novelty?
If made within 12 months before filing/priority date by:
(a) the inventor,
(b) a patent office (under certain conditions), or
(c) a third party who got info from the inventor.
Who is considered “inventor” under Sec. 25?
Anyone who had the right to the patent at the filing date.
When does an invention have an inventive step?
If not obvious to a skilled person, based on prior art.
In drugs/medicines, when is there no inventive step?
If it’s just a new form/property/use of a known substance without enhanced efficacy, or a known process without a new product using a new reactant.
What makes an invention industrially applicable?
It can be produced and used in any industry.
Who owns a commissioned invention?
The person who commissions it (unless contract says otherwise).
Who owns an invention made by an employee?
A1: Employee, if invention not part of regular duties (even if employer’s resources used).
A2: Employer, if invention resulted from regular duties (unless agreed otherwise).
What is the “Right of Priority”?
