PART
3 RIGHT
TO A PATENT
Rule 300. Right
to a patent. The right to a patent belongs to the
inventor,
his heirs, or assigns. When two (2) or more persons have jointly
made an invention, the right to a patent shall belong to them jointly.
[Sec. 28, IP Code]
Rule 301. Who
may be named in an application as an applicant. The
application
may be filed by the actual inventor(s) or in the name of his heirs,
legal
representative or assigns.
Rule 302.
Inventions created pursuant to a commission. The person who
commissions
the work shall own the patent, unless otherwise provided in the
contract.
[Sec. 30.1, IP Code]
Rule 303.
Inventions made in the course of employment. In case the
employee
made the invention in the course of his employment contract, the patent
shall belong to:
(a)
The employee,
if the inventive activity is not a part of his regular duties even if
the
employee uses the time, facilities and materials of the employer
(b) The
employer,
if the invention is the result of the performance of his
regularly-assigned
duties, unless there is an agreement, express or implied, to the
contrary.
[Sec. 30.2, IP Code]
Rule 304. First
to file rule. If two (2) or more persons have made the same
invention
separately and independently of each other, the right to the patent
shall
belong to the person who filed an application for such invention, or
where
two or more applications are filed for the same invention, to the
applicant
who has the earliest filing date or, the earliest priority date.
[Sec. 29, IP Code]
Where two or more
applications for the same invention made separately and independently
of
each other have the same filing date, on priority-date the patent will
be issued jointly to the applicants of all such applications.
Rule 305. Right
of priority. An application for patent filed by any person
who
has previously applied for the same invention in another country which
by treaty, convention, or law affords similar privileges to Filipino
citizens,
shall be considered as filed as of the date of filing of the foreign
application:
Provided, That: (a) the local application expressly claims priority;
(b)
it is filed within twelve (12) months from the date the earliest
foreign
application was filed and (c) a certified copy of the foreign
application
together with an English translation is filed within six (6) months
from
the date of filing in the Philippines. [Sec.
31,
IP Code]
This six (6) month-period
may be extended by the Director for a maximum of six (6) months upon
showing
of good cause or in compliance with treaties to which the Philippines
is
or may become a member.
Rule
306.1.
Multiple priorities. An application can claim more
than one
priority even from different countries. If more than one patent
priority
is claimed, time limits computed from the priority date will be based
upon
the earliest priority date.
Rule
306.2.
If one or more priorities are claimed, the right of priority shall
cover
only those elements of the application which are included in the
application
or applications whose priority is claimed.
Rule
306.3.
If certain elements of the invention for which priority is claimed do
not
appear among the claims formulated in the previous application,
priority
may nonetheless be granted, provided that the previous application as a
whole specifically disclose such elements.
Rule
306.4.
Where an application could have claimed the priority of an earlier
application,
but when filed, did not contain such priority, the applicant shall be
given
two (2) months from the filing date to submit priority claim.
Submission of priority
claim after the filing of the application shall be accompanied by a
declaration
of the applicant stating that the delay in submitting the priority
claim
was unintentional.
Rule 307. Certified
copy of the foreign applications. The certified copy of
foreign
applications mentioned in Rule 302 shall be the copy of the priority
application(s)
as duly certified to be a true or faithful reproduction thereof by the
Industrial Property Office which received it or any other office which
has official custody of the foreign application.
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