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Patent
"I need a patent document for a software invention in the IP category, detailing claims and specifications, with a focus on AI algorithms, to be filed within 3 months in the US and EU."
What is a Patent?
A Patent gives inventors exclusive rights to their new inventions in the Philippines. It's a powerful legal tool that stops others from making, selling, or importing your invention without permission for up to 20 years. The Philippine Intellectual Property Office (IPO) grants these rights to truly novel and useful innovations, from new machines to groundbreaking processes.
To qualify, your invention must be completely new, not obvious to experts in the field, and have practical uses. You'll need to share detailed technical information about how it works, which becomes public knowledge in exchange for your monopoly rights. Many Filipino businesses use patents to protect their innovations and gain a competitive edge in the market.
When should you use a Patent?
Get a Patent when you've created something new and valuable that others might copy. This protection becomes crucial before you show your invention to potential investors, partners, or customers in the Philippines. Many inventors file patent applications right after completing their working prototypes but before any public demonstrations or sales discussions.
Key moments to pursue a patent include developing new manufacturing processes, creating innovative tech solutions, or inventing unique medical devices. The Philippine IPO recommends filing early since patents go to the first inventor to apply. Remember: once you publicly reveal your invention, you only have 12 months to file, or you lose all rights to patent it.
What are the different types of Patent?
- Cross Licensing Agreement: A specialized type of patent agreement where two companies swap rights to use each other's patented technologies. Common in tech and manufacturing sectors across the Philippines.
- Utility Patents: The most common type, covering new processes, machines, or compositions of matter. These last for 20 years from the filing date.
- Design Patents: Protect the unique visual appearance of products, lasting 15 years from grant date.
- Provisional Patents: Give inventors 12 months to develop their invention while maintaining an early filing date.
Who should typically use a Patent?
- Inventors: Individual creators, research teams, or companies who develop new technologies and seek exclusive rights to their innovations through the Philippine IPO.
- Patent Attorneys: Legal experts who draft patent applications, conduct searches, and navigate the complex filing process with the IPO.
- IPO Examiners: Government officials who review applications, assess novelty and inventive steps, and grant or reject patents.
- Competitors: Other businesses bound by the patent's restrictions, needing licenses to use the protected technology.
- Technology Transfer Officers: University or corporate professionals who manage patent portfolios and licensing agreements.
How do you write a Patent?
- Prior Art Search: Thoroughly research existing patents and publications to confirm your invention is truly novel. Our platform helps streamline this verification process.
- Technical Documentation: Prepare detailed drawings, specifications, and working examples that clearly explain how your invention works.
- Invention Details: Document the problem solved, unique features, and practical applications of your innovation.
- Inventor Information: Gather complete details of all inventors, including their roles and contributions to the invention.
- Filing Strategy: Decide between provisional or non-provisional application, considering your development timeline and budget constraints.
What should be included in a Patent?
- Title of Invention: Clear, specific name that accurately describes the innovation without being overly broad.
- Abstract: Brief technical summary explaining the invention's core purpose and function in 150-250 words.
- Background Section: Description of existing technology and problems your invention solves.
- Detailed Description: Step-by-step explanation of how the invention works, with reference to drawings.
- Claims Section: Precise legal statements defining the scope of patent protection you're seeking.
- Drawings: Technical illustrations showing all essential features mentioned in the description.
- Declaration: Signed statement confirming you are the true inventor and first to file.
What's the difference between a Patent and a Patent Assignment Agreement?
Patents and Patent Assignment Agreements serve different but complementary roles in intellectual property protection. While a Patent grants exclusive rights to an invention, a Patent Assignment Agreement transfers ownership of those patent rights from one party to another.
- Protection vs. Transfer: Patents provide legal protection for new inventions, while Assignment Agreements document the sale or transfer of patent ownership.
- Duration: Patents last up to 20 years from filing date, while Assignment Agreements permanently transfer rights in a one-time transaction.
- Government Role: Patents require IPO examination and approval, while Assignments only need proper documentation and registration.
- Cost Structure: Patents involve significant filing fees and maintenance costs, while Assignments typically involve a one-time payment between parties.
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