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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:
It was established under Republic Act No. 8293 also known as Intellectual Property Code of the Philippines, which took effect on January 1, 1998, during the administration President Fidel V. Ramos. [1] [2]
The Civil Code governs private law in the Philippines, including obligations and contracts, succession, torts and damages, property. It was enacted in 1950. Book I of the Civil Code, which governed marriage and family law, was supplanted by the Family Code in 1987. [2] Republic Act No. 6657: Comprehensive Agrarian Reform Code
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The patent laws usually require that, for an invention to be patentable, it must be: Patentable subject matter, i.e., a kind of subject-matter eligible for patent protection (also called "statutory patentable subject-matter") Novel (i.e. at least some aspect of it must be new)
Canada, the Philippines, and the United States were among the only countries to use first-to-invent systems, but each switched to first-to-file in 1989, 1998, and 2013 respectively. Invention in the U.S. is generally defined to comprise two steps: (1) conception of the invention and (2) reduction to practice of the invention.
In certain jurisdictions' patent law, industrial applicability or industrial application is a patentability requirement according to which a patent can only be granted for an invention which is susceptible of industrial application, i.e. for an invention which can be made or used in some kind of industry.
In a 2005 U.S. court case, several of Jerome H. Lemelson patents covering bar code readers were held to be invalid because the specification was not complete enough for a person of ordinary skill in the art of electrical engineering to have made and used the claimed invention at the time the patent was filed (1954) without undue experimentation.