IPOPHL Patent Agent flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Novelty requirement
- An invention is new if it has not been publicly disclosed or used before the filing date, subject to a 12-month grace period for certain disclosures.
- Inventive step
- The invention must not be obvious to a person skilled in the art at the filing date, considering the prior art.
- Patent term
- A patent is valid for 20 years from the filing date, provided annual maintenance fees are paid.
- First-to-file rule
- Priority for a patent is granted to the first applicant to file a complete application, regardless of date of invention.
- Utility model term
- A utility model registration lasts 7 years from the filing date and is not renewable.
- Utility model requirements
- A utility model must be new and industrially applicable; inventive step is not required.
- Industrial design definition
- Any composition of lines or colors or three-dimensional form that gives a special appearance to a product.
- Industrial design term
- An industrial design registration is valid for 5 years from filing, renewable for two additional 5-year periods.
- PCT filing
- A single international application filed under the Patent Cooperation Treaty to seek protection in multiple designated states.
- PCT national phase
- Entry into national processing in the Philippines must occur within 30 months from the priority date.
- International search report
- A report issued by the ISA listing prior art relevant to the international application and a written opinion on patentability.
- IPC classification
- The International Patent Classification system used to categorize patents by technology for search and examination.
- Prior art search
- A search of patents, literature, and other sources to determine if an invention is new and inventive.
- Freedom-to-operate search
- A search to identify active patents that could be infringed by a product or process in a specific jurisdiction.
- Substantive examination request
- The applicant must request substantive examination within 6 months from publication of the application.
- Office action response
- The applicant must reply to an office action within 2 months, extendible by another 2 months.
- Unity of invention
- The application must relate to a single inventive concept or a group of inventions linked by a single inventive concept.
- Technology transfer registration
- Technology transfer agreements with restrictive clauses must be registered with the IPOPHL.
- Prohibited license clauses
- Clauses such as exclusive grantback, price-fixing, and restrictions on competing technologies are prohibited in license agreements.
- Compulsory licensing grounds
- Compulsory licensing may be granted for insufficient working, national emergency, or anti-competitive practices, after 4 years from filing or 3 years from grant.
- BLA jurisdiction
- The Bureau of Legal Affairs has original jurisdiction over IP infringement, unfair competition, and licensing disputes.
- Mediation in IP cases
- Mediation is mandatory for certain cases before the BLA and parties may settle amicably.
- Prescription period
- Civil actions for IP infringement must be filed within 4 years from the cause of action.
- Trademark definition
- Any visible sign capable of distinguishing goods or services, including words, names, symbols, and colors.
- Trademark term
- A trademark registration is valid for 10 years from filing and renewable for 10-year periods.
- Declaration of Actual Use
- A DAU must be filed within 3 years from filing and within 1 year from renewal to maintain the trademark.
- Copyright term
- For literary and artistic works, copyright lasts for the life of the author plus 50 years after death.
- Fair use doctrine
- Limited use of copyrighted material for criticism, comment, news reporting, teaching, and research without authorization.
- Moral rights
- Rights of attribution and integrity that are perpetual and independent of economic rights.
- Geographical indication
- A sign identifying a good as originating in a territory where a given quality is attributable to that origin.
- GI protection duration
- Protection for a geographical indication lasts indefinitely as long as the conditions for protection are met.
- GI registration
- A geographical indication may be registered as a collective or certification mark with the IPOPHL.