IPOPHL Patent Agent key terms

Under Philippine law, a technical solution to a problem that is new, involves an inventive step, and is industrially applicable; it may be a product, process, or improvement of either.

The requirement that an invention does not form part of the prior art, meaning it was not publicly disclosed, used, or sold before the filing or priority date of the application.

The requirement that an invention not be obvious to a person skilled in the relevant art, judged against the prior art as of the filing or priority date.

The requirement that an invention can be made or used in any kind of industry, including agriculture, handicraft, and services; a purely theoretical or abstract creation fails this test.

Everything publicly available before the filing or priority date that is relevant to novelty and inventive step, including earlier patents, publications, products in the market, and public use.

A limited window after certain disclosures, such as by the inventor or at an official exhibition, during which the disclosure is disregarded when assessing novelty; Philippine practice recognizes specific statutory exceptions.

Creations that cannot be patented, such as discoveries, scientific theories, mathematical methods, aesthetic creations, schemes and rules, and methods of treatment by surgery or therapy on humans or animals.

The numbered statements at the end of a patent document that define the scope of protection sought or granted; they must be clear, concise, and supported by the description.

The part of a patent application describing the invention in enough detail for a skilled person to carry it out, including the technical problem, solution, drawings where needed, and embodiments.

The sufficiency requirement that the specification teach a person skilled in the art how to make and use the claimed invention without undue experimentation.

A hypothetical practitioner with ordinary knowledge and skill in the relevant technical field at the relevant date, used as the benchmark for judging inventive step and sufficiency.

A form of protection for new and industrially applicable technical creations that need not involve an inventive step, typically for products rather than processes, with a shorter term than a patent.

The examination document for a utility model application assessing novelty and industrial applicability against prior art, since inventive step is not a substantive requirement for this right.

Protection for the appearance of a product or part of it, arising from features such as shape, configuration, lines, texture, ornamentation, or color, judged primarily by the eye.

A design requirement that the overall impression produced on an informed user differs from the impression produced by earlier designs; it measures distinctiveness of appearance, not technical function.

The drawings, photographs, or other visual materials in an industrial design application that define the appearance and scope of the design, including views and any disclaimed features.

A single international application filed under the Patent Cooperation Treaty that preserves the option to seek patents in many member states after an international search and optional preliminary examination.

The result of the international search under the PCT, listing relevant prior-art documents and the written opinion on novelty, inventive step, and industrial applicability for the claimed invention.

The step of moving a PCT application into a specific country's patent office for national examination, usually by paying fees and filing translations or other documents within the prescribed period.

The filing date of the earliest application to which an applicant is entitled to claim priority, used to decide which disclosures count as prior art for the later application.

A structured search of patent and non-patent literature, using classification codes, keywords, and databases, to identify prior art relevant to novelty, inventive step, or freedom to operate.

An alphanumeric symbol, such as an IPC or CPC code, that groups technical subject matter so searchers can retrieve related documents by field rather than by language-dependent keywords.

An analysis of whether making, using, or selling a product or process would infringe third-party patent rights in a given country, distinct from whether one's own invention is patentable.

The use of quantitative patent data, such as filing trends, citation networks, and family size, to map technology landscapes, competitors, and portfolio strength for strategic decisions.

A set of patent documents from different countries covering the same or closely related invention, usually linked by common priority claims; it is used to count inventions rather than filings.

The office's published procedures and standards directing examiners on formalities, search, substantive patentability assessment, and drafting of office actions and decisions.

A written communication from a patent examiner raising objections, citing prior art, or requiring amendments, to which the applicant must respond within a set period to keep the application alive.

The process of moving knowledge, technology, or rights from a research institution or owner to another party for development or commercialization, often through assignment or licensing.

A contract in which the owner of an IP right authorizes another party to use it on agreed terms, such as territory, duration, exclusivity, field of use, and payment.

The payment made by a licensee to a licensor for the use of IP rights, commonly calculated as a percentage of sales, a fixed fee, or a combination of both.

The transfer of ownership of an IP right from one party to another, as distinguished from a license, which grants only permission to use while the owner retains title.

An authorization granted by a government authority allowing a third party to use a patented invention without the owner's consent, typically on specified grounds such as public interest or non-working.

The unauthorized making, using, offering for sale, selling, or importing of a patented product or process, or of a product obtained directly by a patented process, within the protected territory.

A voluntary dispute-resolution process in which a neutral third party helps IP disputants reach a mutually acceptable settlement, without the mediator imposing a decision.

A sign capable of distinguishing the goods or services of one enterprise from those of others, protectable through registration and, in some cases, through use and acquired distinctiveness.

The standard for refusing or invalidating a trademark when a later mark is identical or similar to an earlier one and covers identical or related goods or services, risking consumer mistake.

An international treaty allowing applicants to seek trademark protection in multiple member jurisdictions through one application filed with a national office and administered by WIPO.

The exclusive economic and moral rights of authors over original literary, artistic, musical, audiovisual, and other works, arising upon creation without need for registration.

A limited defense allowing use of copyrighted material without authorization for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, judged by statutory factors.

Rights granted to performers, producers of sound recordings, and broadcasting organizations for their contributions in communicating works to the public, separate from authors' copyright.

A sign identifying goods as originating in a place where a given quality, reputation, or other characteristic is essentially attributable to that geographical origin.

A mark used to certify origin, material, mode of manufacture, quality, or other characteristics of goods or services, and which the owner does not use on its own products.