I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
Procedure
1.) File your application with the IPO
2.) The application will be published in the IPO Gazette after 18 months from the filing date
3.) Within 6 months from publication, file a written request for examination to determine if all the requirements have been met and the dues have been paid on time
4.) The patent will take effect on the day its granting is published in the IPO Gazette
5.) After 4 years from publication of the grant of the patent, start paying the annual dues
If you don't pay the annual dues, the patent will be withdrawn. A 6-month grace period, however, may be granted if you pay a surcharge.
Cancellation of Patent
A patent can be cancelled by the filing of a verified complaint before the IPO's Bureau of Legal Affairs for any of the following grounds:
1.) The "invention" isn't new or patentable
2.) The invention's disclosure isn't sufficient for it to be worked on by any person skilled in the "prior art"
3.) It's contrary to law, morals, good customs, public order or public policy
If somebody has been deprived of his patent by fraud, he can choose between cancellation of the patent or substitution as holder of the patent. If he chooses cancellation, he has 2 years to file the complaint and he can claim damages if allowed. If he wants substitution, he can't ask for damages.
Limitations on Patent Rights
A patent holder does not have the right to to prevent third persons to perform acts under the enumerated circumstances:
1.) Using the product after the owner introduced it to the market
2.) If the act is done privately and for non-commercial purposes, as long as it doesn't significantly injure the patent owner's economic rights
3.) If the act is for purely experimentation purposes related to the subject matter of the patented invention
4.) If it consists in of a medicine in a pharmacy or by a medical practitioner for individual specifications based on a doctor's prescription or acts concerning medicine so prepared
5.) If it is used on board any aircraft, ship or vehicle of any country entering the Philippines temporarily so long as it's not used for the manufacture of anything sold in the Philippines.
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