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Patents, Trademarks & Copyrights 101

November 23, 2020

  •   1 min read

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PATENTS

What is a Patent?
 

  • An exclusive right granted for a product, process or an improvement of a product or process which is new, inventive, and useful.

  • It protects the functional application of a product

  • Throughout the life of the patent, it allows the inventor to exclude others from making, using, or selling the product.

The Three Criteria
 

  1. New

  2. Involves an inventive step

  3. Industrially applicable

Terms of a Patent
 

  • 20 years from the filing date of the application and it must be maintained yearly, starting from the 5th year

TRADEMARKS

What is a Trademark?
 

  • A word, a group of words, sign, symbol, or a logo that identifies and differentiates the source of the goods or services of one entity from those of others

  • Gives protection to the identity of brand and prevents others from using or exploiting the mark in any way

  • May be a source of revenue for the owner through licensing or franchising of it to third parties

Terms of a Trademark
 

  • To maintain protection of a trademark, the actual use of the mark in commerce should be exhibited and proven by the mark owner

COPYRIGHTS

What is a Copyright?
 

  • The legal protection extended to the owner of the rights in an original work

  • It grant authors, artists and other creators automatic protection for their literary and artistic creations, from the moment they create it.

  • Protects both original and derivative works.

    • “Original work” – every production in the literary, scientific and artistic domain​

    • "Derivative work” – works based upon one or more preexisting
      works

Terms of a Copyright
 

  • Copyright protection for artistic, literary, and derivative works lasts during the lifetime of the author plus 50 years after the author’s death

FILING A PATENT

ONLINE FILING

A. Specification and Description of the Patent
 

  • The Title

  • A brief statement of its nature and purposes

  • Brief explanation of the drawings, if any

  • Complete and detailed enabling description

  • Distinct and explicit claim or claims which the applicant seeks to be protected

  • Abstract of the invention

B. Drawings of the Invention

IN-PERSON FILING

A. Three (3) filled out copies of the Patent Application Form

B. Specification and Description of the Patent

  • The Title

  • A brief statement of its nature and purposes

  • Brief explanation of the drawings, if any

  • Complete and detailed enabling description

  • Distinct and explicit claim or claims which the applicant seeks to be protected

  • Abstract of the invention

C. Drawings of the Invention

PATENT FILING FEES

PHP 2,020.00

Small entities with 100 Million worth of assets or less.

PHP 4,363.20

Big entities with more than 100 Million worth of assets.