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THE PATENT LAW
Transcript of THE PATENT LAW
Hannah Rey Leizel Q. Lumagod
Right to Patent
Ara Graciela A. Opena
Term of Patent Protection
Alathea D. Mariveles
Right to a Patent
Sec 28, R.A. No. 8293
The right to a patent belongs to the inventor, their heirs, or assigns.
When 2 or more persons have jointly made an invention, the right to a patent shall belong to them jointly.
A patent is issued by the government giving an inventor an exclusive right for a product, process or an improvement of a product which is new, inventive and useful through the Intellectual Property Office of the Philippines.
A patent confers a monopoly on the inventor so that he may, within a period of time, exclusively manufacture and sell his invention.------
The inventor may be able, during the period of protection, recover whatever costs he may have incurred and realize profit.
This exclusive right gives the inventor the right to exclude others from:
the product of his invention during the life of the patent.
A patent shall confer on its owner the following exclusive rights:
A. To prevent any unauthorized person from making, using, selling or importing that product.
B. To also prevent any unauthorized person from using the process,and from manufacturing.
Sec.71.2, R.A. No.8293
Patent owners shall also have the right to assign, or transfer by succession the patent, and to conclude licensing contracts for the same.
Sec.21, R.A. No. 165a
The term for a patent for an invention shall be 20 years from the filing date of the application.
After this term the invention becomes available to the public and anybody may produce it without the inventor's authority.
TERM OF PATENT PROTECTION
The utility model registration shall expire,without any possibility of renewal, at the end of the seventh year after the date of the filing of the application.
Lastly, the registration of the industrial design shall be for a period of five years from the filing date of the application
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