The document discusses various aspects of intellectual property rights in the Philippines. It defines intellectual property and the government agencies responsible for implementation. It then provides details on patents, trademarks, copyright, industrial designs, and utility models. Requirements for registration and protection are outlined for each area. The key concepts of novelty, inventor step, and industrial applicability are discussed in relation to patent eligibility.

1. INTELLECTUAL
PROPERTY RIGHT

2. THE IPR CONTEXT
According to the World Intellectual Property Organization
(WIPO), intellectual property (IP) is divided into two
categories, namely, industrial property and copyright. Industrial
property includes inventions (patents), trademarks, industrial
designs, and geographic indications of source; while copyright
includes literary and artistic works such as novels, poems and
plays, films, musical works, artistic works such as
drawings, paintings, photographs and sculptures, and
architectural designs.
However,
exclusive
rights
of
the
scientists, researchers, inventors, artists, and other gifted citizens
in our country are not suitably protected as they should be. Most
of them have apprehensions in applying for intellectual property
rights.

3. INTELLECTUAL PROPERTY RIGHT (IPR)
The term "intellectual property rights" consists of:
Copyright and Related Rights
Trademarks and Service Marks
Geographic Indications
Industrial Designs
Patents
Layout-Designs (Topographies) of Integrated Circuits
Protection of Undisclosed Information

4. GOVERNMENT AGENCIES
The agency of the government in charge of the implementation
of the Intellectual Property Code is the Intellectual Property
Office which replaced the Bureau of Patents, Trademarks and
Technology Transfer. It is divided into six [6] Bureaus, namely:
Bureau of Patents
Bureau of Trademarks
 Bureau of Legal Affairs
 Documentation, Information and Technology Transfer Bureau
Management Information System and EDP Bureau
 Administrative, Financial and Personnel Services Bureau.

5. INTELLECTUAL PROPERTY OFFICE
The Intellectual Property Office of the Philippines (IPOPHL) is the
lead agency responsible for handling the registration and conflict
resolution of intellectual property rights. It was created by virtue
of Republic Act No. 8293 or the Intellectual Property Code of
the Philippines, which took effect on January 1, 1998 under the
presidency of Fidel V. Ramos.

6. PATENTS
A Patent is a grant issued by the government through the
Intellectual Property Office of the Philippines. It is an exclusive
right granted for a product, process or an improvement of a
product or process which is new, inventive and useful. This
exclusive right gives the inventor the right to exclude others from
making, using, or selling the product of his invention during the
life of the patent.
A patent has a term of protection of twenty (20) years providing
an inventor significant commercial gain. In return, the patent
owner must share the full description of the invention.

7. PATENTABLE INVENTIONS
Any technical solution of a problem in any field of human activity
which is new, involves an inventive step and is industrially
applicable shall be patentable.

8. NON-PATENTABLE INVENTIONS
Discovery
Scientific theory
Mathematical methods
Scheme, rule and method of
performing mental act
playing games
doing business
program for computer
Method for treatment – human or animal body by surgery
or therapy & diagnostic method
Plant variety or animal breed or essentially biological
processes for the production of plants and animals
Aesthetic creation
Contrary to public order or morality

9. REQUIREMENT FOR PATENTABILITY
 NOVELTY
 INVENTIVE STEP
INDUSTRIAL APPLICABILITY

10. REQUIREMENTS FOR FILING A PATENT
 Request for the Grant of Patent
 Description of the Invention (Specification and Claim/s)
 Drawings necessary for the Invention (if any)
 Filing Fee

11. TRADEMARKS
"Mark" means any visible sign capable of distinguishing the
goods (trademark) or services (service mark) of an enterprise
and shall include a stamped or marked container of goods.
A trademark is a tool used that differentiates goods and services
from each other. It is a very important marketing tool that
makes the public identify goods and services. A trademark can
be one word, a group of words, sign, symbol, logo, or a
combination of any of these. Generally, a trademark refers to
both trademark and service mark, although a service mark is
used to identify those marks used for services only.

12. TRADEMARK PROTECTION
A trademark can be protected through registration. Registration
gives the trademark owner the exclusive right to use the mark
and to prevent others from using the same or similar marks on
identical or related goods and services.
Before applying for trademark registration, it would help if you
conduct a search in the trademarks database to determine if
there are identical or similar marks that would prevent the
registration of your mark. This is to prevent future conflicts with
marks that are already registered or with earlier filing dates.

13. TRADEMARK REGISTRATION
 The name and address of the applicant
 The name of a State of which the applicant is a national or
where he has domicile
 Where the applicant is a juridical entity, the law under which
it is organized and existing
 The appointment of an agent or representative, if the
applicant is not domiciled in the Philippines

14. TRADEMARK REGISTRATION
 Where the applicant claims the priority of an earlier
application, an indication of:
 The name of the State with whose national office the
earlier application was filed or it filed with an office other
than a national office, the name of that office
 The date on which the earlier application was filed
 Where available, the application number of the earlier
application
 Where the applicant claims color as a distinctive feature of
the mark, a statement to that effect as well as the name or
names of the color or colors claimed and an indication, in
respect of each color, of the principal parts of the mark which
are in that color;

15. TRADEMARK REGISTRATION
 Where the mark is a three-dimensional mark, a statement to
that effect
 One or more reproductions of the mark, as prescribed in the
Regulations
 A transliteration or translation of the mark or of some parts of
the mark, as prescribed in the Regulations

16. TRADEMARK REGISTRATION
 The names of the goods or services for which the registration
is sought, grouped according to the classes of the Nice
Classification, together with the number of the class of the said
Classification to which each group of goods or services belongs
 A signature by, or other self-identification of, the applicant or
his representative.

17. COPYRIGHT
Copyright is the legal protection extended to the owner of the
rights in an original work.
“Original work” refers to every production in the
literary, scientific and artistic domain. Among the literary and
artistic works enumerated in the IP Code includes books and
other writings, musical works, films, paintings and other
works, and computer programs.
Works are protected by the sole fact of their
creation, irrespective of their mode or form of expression, as
well as their content, quality and purpose. Thus, it does not
matter if, in the eyes of some critics, a certain work has little
artistic value. So long as it has been independently created and
has a minimum of creativity, the same enjoys copyright
protection.

18. WORKS COVERED BY COPYRIGHT PROTECTION
 Books, pamphlets, articles and other writings
 Periodicals and newspapers
 Lectures, sermons, addresses, dissertations prepared for oral
delivery, whether or not reduced in writing or other material
form
 Letters
 Dramatic or dramatico-musical compositions; choreographic
works or entertainment in dumb shows
 Musical compositions, with or without words

19. WORKS COVERED BY COPYRIGHT PROTECTION
 Works
of
drawing, painting, architecture, sculpture, engraving, lithography
or other work of art; models or designs for works of art
 Original ornamental designs or models for articles of
manufacture, whether or not registrable as an industrial
design, and other works of applied art
 Illustrations, maps, plans, sketches, charts and threedimensional
works
relative
to
geography, topography, architecture or science
 Drawings or plastic works of a scientific or technical character

20. WORKS COVERED BY COPYRIGHT PROTECTION
 Photographic works including works produced by a process
analogous to photography; lantern slides
 Audiovisual works and cinematographic works and works
produced by a process analogous to cinematography or any
process for making audio-visual recordings
 Pictorial illustrations and advertisements
Computer programs
 Other literary, scholarly, scientific and artistic works.

21. TERM OF PROTECTION OF COPYRIGHT
 In general, the term of protection of copyright for original and
derivative works is the life of the author plus fifty (50) years after
his death. The Code specifies the terms of protection for the
different types of works.
 In calculating the term of protection, the term of protection
subsequent to the death of the author shall run from the date of
his death or of publication, but such terms shall always be
deemed to begin on the first day of January of the year following
the event which gave rise to them (i.e. death, publication,
making).

22. COPYRIGHT INFRINGEMENT
Copyright infringement consists in infringing any right secured
or protected under the Code. It may also consist in aiding or
abetting such infringement. The law also provides for the liability
of a person who at the time when copyright subsists in a work
has in his possession an article which he knows, or ought to
know, to be an infringing copy of the work for the purpose of:
Selling or letting for hire, or by way of trade offering or
exposing for sale or hire, the article
Distributing the article for the purpose of trade, or for any
other purpose to an extent that will prejudice the rights of
the copyright owner in the work
Trade exhibit of the article in public.

23. COPYRIGHT REGISTRATION
 A duly accomplished form in duplicate for each work,
provided, that a separate application is submitted for each
number of a periodical containing a notice of copyright.
 A support document evidencing ownership of the copyright,
the manner of its acquisition if the claimant is not the original
author translator, or editor, and where and in what
establishment the work was made, performed, printed, or
produced, and the date of its completion and publication.
 Receipt showing payment of the registration fee if the
application is filed personally, or by postal money order if the
application is filed by registered mail.

24. COPYRIGHT REGISTRATION
 Documentary stamps in the correct amount, which shall be
affixed to the registration and deposit certificate.
 Two (2) complete copies or reproduction of the work or
replica or picture
 Two (2) printed copies with the copyright notice printed in
front or at the back of the title page or on any conspicuous space
for a non-book material, if the work is a published work.

25. COPYRIGHT REGISTRATION
 Documentary stamps in the correct amount, which shall be
affixed to the registration and deposit certificate.
 Two (2) complete copies or reproduction of the work or
replica or picture
 Two (2) printed copies with the copyright notice printed in
front or at the back of the title page or on any conspicuous space
for a non-book material, if the work is a published work.

26. INDUSTRIAL DESIGN
An industrial design is the ornamental or aesthetic aspect of an
article. The design may consist of three-dimensional
features, such as the shape or surface of an article, or of twodimensional features, such as patterns, lines or color.
Industrial designs are applied to a wide variety of products of
industry and handicraft: from technical and medical instruments
to watches, jewelry, and other luxury items; from house wares
and electrical appliances to vehicles ; from textile designs to
leisure goods.
To be protected under most national laws, an industrial design
must be non-functional. This means that an industrial design is
primarily of an aesthetic nature and any technical features of the
article to which it is applied are not protected.

27. DESIGN PROTECTION
When an industrial design is protected, the owner – the person
or entity that has registered the design – is assured an exclusive
right against unauthorized copying or imitation of the design by
third parties.
This helps to ensure a fair return on investment. An effective
system of protection also benefits consumers and the public at
large, by promoting fair competition and honest trade
practices, encouraging creativity, and promoting more
aesthetically attractive products.

28. UTILITY MODELS
A Utility Model is a protection option, which is designed to
protect innovations that are not sufficiently inventive to meet
the inventive threshold required for standard patents
application. It may be any useful machine, implement, tools,
product, composition, process, improvement or part of the
same, That is of practical utility, novelty and industrial
applicability.
A utility model is entitled to seven (7) years of protection from
the date of filing, with no possibility of renewal.

29. UTILITY MODELS—REGISTRATION
An application for registration should contain a duly
accomplished request for registration as prescribed by the
Bureau, specification or description containing the following:
 Title
 Technical field
 Background of the Utility Model
 Brief description of the several views of the drawings
 Detailed description
 Claim or claims
 Drawings
 Abstract of the disclosure.